Use of state lands sinking funds of revenue derived from municipal property, or dedicating the revenues derived from any municipal property to a specific purpose. The port authority is hereby authorized and empowered to acquire from such county, city, borough, village, township, or other municipality by agreement therewith and such county, city, borough, village, township or other municipality is hereby authorized and empowered to grant and convey for such consideration as it may deem wise, any real property which may be necessary for the construction, operation and maintenance of such bridge and approaches thereto, including such real property as has already been devoted to a public use. The state of New York hereby consents to the use and occupation authorized. of the real property of the state necessary for the construction, operation and maintenance of the said bridge and the approaches thereto, including lands of the state lying under the waters of the Hudson river. Acquisi- Petition for con § 7. When any real property within this state is sought to be acquired by condemnation, the port authority shall cause a survey and map to be made thereof, and shall cause such survey and map to be filed in its office. The said port authority and its duly authorized agents and employees may enter upon such property for the purpose of making such survey and map or such other survey or examination of real property as it may deem necessary for the proper execution of its duties, provided such entry shall not injure the said property or interfere with the business conducted thereon. There shall be annexed to such survey and map a certificate executed by the chief engineer of the port authority stating that the property or interest therein described in such survey and map are necessary for its purpose. § 8. Upon filing such survey and map the port authority shall demnation. petition the supreme court in the county where such property is located for the condemnation of such property as has not been otherwise acquired. The said petition shall be in the form prescribed by section four of the condemnation law except as herein provided to the contrary. Such petition, together with a notice of pendency of the proceeding, shall be filed in the office of the county clerk of the said county and shall be indexed and recorded as provided by law. A copy of the said petition, together with a notice of the presentation thereof to a special term of the supreme court, shall be served upon the owners as provided in sections five and six of the condemnation law. Petition, recorded; effect; entry and appropriation. § 9. The port authority shall cause a duplicate of the said petietc., to be tion and notice of presentation thereof, together with a duplicate original affidavit of the service thereof, to be recorded in the books used for recording deeds in the office of the register of deeds of the county wherein the said property described in such notice is situated, and the record of such notice shall be prima facie evidence of due service thereof. Upon the service of such petition and notice of presentation, the port authority may enter upon and use and occupy for its purposes all the parcels of real estate described in the proceedings for the condemnation thereof, unless the su preme court shall otherwise determine as hereinafter provided. Such petition and notice so recorded shall be conclusive evidence of such entry and appropriation and of the quantity and boundaries of the property appropriated. tion of Time of § 10. The proceedings thereafter shall be in the manner pre- Applicascribed by the condemnation law, so far as consistent herewith. condemna§ 11. The commissioners appointed to ascertain and determine tion law. the compensation which ought justly to be made to the owners of report of property or interests therein appraised by them as provided in sec- commistion thirteen of the condemnation law shall make their report of the value thereof to the supreme court within one hundred days from the date of their qualification. sioners. compensa § 12. The persons or corporations whose property shall have Payment of been taken by condemnation and who shall have agreed upon tion; inthe compensation to be paid therefor in settlement of the proceed-terest. ing, or to whom an award of compensation shall have been made by the supreme court, shall be entitled to payment of the agreed or awarded compensation within three calendar months after the date of the agreement upon the amount of the compensation or of the entry of the order confirming the report of the commissioners of appraisal, together with interest upon the amount of such compensation from the time of the entry upon and appropriation thereof by the port authority, to the date of payment of such compensation; but such interest shall cease upon the service by the port authority, upon the person or corporation entitled thereto, of a fifteen days' notice that the port authority is ready and willing to pay the amount of such compensation upon the presentation of proper proofs and vouchers. Such notice shall be served personally or by registered mail and publication thereof at least once a week for three successive weeks in a daily newspaper, published in the county of New York. may be ac § 13. The port authority may, at its option, acquire such real Property property within the state of New York, under the general con- quired undemnation law. der condemnation Real § 14. The term real property as used in this act is defined to in- law. clude lands, structures, franchises and interest in land, including property lands under water and riparian rights, and any and all other defined. things and rights usually included within the said term, and includes also any and all interest in such property less than full title, such as easements, rights of way, uses, leases, licenses and all other incorporeal hereditaments and every estate, interest or right, legal or equitable, including terms for years and liens thereon by way of judgments, mortgages or otherwise, and also all claims for damage for such real estate. granted § 15. Any powers herein granted to the port authority shall be Powers regarded as in aid of and supplemental to and in no case as a supplelimitation upon any of the powers vested in it by the states of New mental. Jersey and New York by congress. The port authority may make Borings borings along the Hudson river at points below one hundred and seventieth street, necessary for its studies not withstanding anything herein contained. authorized. Partial unconstitutionality. Appropriation. § 16. If any term or provision of this act shall be declared unconstitutional or ineffective in whole or in part by a court of competent jurisdiction, then to the extent that it is not unconstitu tional or ineffective such term or provision shall be enforced and effectuated nor shall such determination be deemed to invalidate the remaining terms or provisions hereof. § 17. For the preliminary work necessary for making borings, surveys, engineering studies, investigations, hearings and all matters incidental or appertaining thereto, the sum of one hundred thousand dollars ($100,000), or so much thereof as may be necessary, is hereby appropriated out of any moneys in the state treasury not otherwise appropriated. The moneys hereby appropriated shall be paid out by the state treasurer on the warrant of the state comptroller, upon vouchers approved by the chairman of Repayment the said port authority. The said sum shall be paid back to the state when the cost of construction of said bridge shall have been fully paid for and the debt created for such purpose amortized. Appro- § 18. Neither the construction of such bridge, the approaches or legislation highway connections, nor any preliminary work, specified in secby New tion eleven of this act, shall be begun, nor shall any moneys be necessary. expended hereunder by the port authority, until the state of New Jersey, by appropriate legislation,1 concurs therein and appropriates an equivalent amount. to priate Jersey § 19. This act shall take effect immediately. CHAPTER 212 AN ACT to appropriate the miscellaneous receipts on account of the improvement of the Cayuga and Seneca barge canal, under chapter three hundred and ninety-one of the laws of nineteen hundred and `nine, and acts amendatory thereof and supplemental thereto, for the purpose of said improvement. Became a law April 1, 1925, with the approval of the Governor. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. The sum of nine thousand seven hundred and thirtytwo dollars and eighty-two cents ($9,732.82), being the miscellaneous receipts from March first, nineteen hundred and twenty-four, to February twenty-fourth, nineteen hundred and twenty-five, on account of the improvement of the Cayuga and Seneca barge canal under chapter three hundred and ninety-one of the laws of nineteen hundred and nine, and acts amendatory thereof and supplemental thereto, is hereby appropriated for the purpose of said improvement. The moneys hereby appropriated shall be available only for the payment of claims adjusted and judgments rendered according to law in connection with such improvement. § 2. This act shall take effect immediately. 1 See laws of New Jersey, 1925, ch. 41. CHAPTER 213 AN ACT to create a temporary commission to make a study and survey of the operation and facilities of the canal system of the state, the use thereof for transportation, and the requirements for improving and developing the system and promoting and increasing the use of its facilities, and making an appropriation therefor. Became a law April 1, 1925, with the approval of the Governor. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: sion cre Section 1. A temporary state commission is hereby created to Commisconsist of the state engineer and the superintendent of public ated; how works, ex officio, three senators to be appointed by the temporary constituted. president of the senate, five members of assembly to be appointed by the speaker of the assembly, and three members to be appointed by the governor. A vacancy in the office of an appointive member Vacancies. of the commission shall be filled by the officer authorized to make the original appointment. § 2. Such commission shall make a study and survey of the Duties. operation and facilities of the canal system of the state, the extent to which such facilities are utilized for transportation, the nature, quantity, source and destination of freight transported, the improvements or changes in the construction of the system or in its administration necessary to increase its efficiency, the means whereby transportation may be promoted and increased so that the system may be utilized to its full capacity, the method of financing any expense involved, and generally in relation to such matters pertinent to the subject as the commission may determine to include in such study and survey. § 3. The commission shall choose from its members a chairman Officers; and a vice-chairman, and may employ such assistants as may be assistants. needed. It may sit within or without the state, may take testi- Powers of mony, compel the attendance of witnesses and the production of investigabooks, papers and records, and otherwise have all the powers of a legislative committee, as provided by the legislative law, including the adoption of rules for the conduct of its proceedings. tion. § 4. The members of such commission shall receive no compen- No comsation for their services, but shall be entitled to their actual and pensation; necessary expenses incurred in the performance of their duties. expenses. § 5. The commission shall make a report of the result of its Report. study and survey, together with its conclusions and recommendations, to the legislature on or before the fifteenth day. of February, nineteen hundred and twenty-six, and may accompany its report with such proposed legislative measures to carry its recommendations into effect as to the commission may seem proper. § 6. The sum of twenty-five thousand dollars ($25,000), or so Appromuch thereof as may be needed, is hereby appropriated for the priation, expenses of the commission in carrying out the provisions of this act, payable by the treasurer, on the warrant of the comptroller on the order of the chairman of the commission. § 7. This act shall take effect immediately. CHAPTER 214 AN ACT to appropriate the miscellaneous receipts on account of the im provement of the Erie, Oswego and Champlain canals, under chapter one hundred and forty-seven of the laws of nineteen hundred and three, and acts amendatory thereof and supplemental thereto, for the purpose of said improvement. Became a law April 1, 1925, with the approval of the Governor. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. The sum of ninety-four thousand four hundred and fifty-seven dollars and thirteen cents ($94,457.13), being the miscellaneous receipts from March fourth, nineteen hundred and twenty-four, to February twenty-fourth, nineteen hundred and twenty-five, on account of the improvement of the Erie, Oswego and Champlain canals, under chapter one hundred and forty-seven of the laws of nineteen hundred and three, and acts amendatory thereof and supplemental thereto, is hereby appropriated for the purpose of said improvement. The moneys hereby reappropriated shall be available only for the payment of claims adjusted and judgments rendered according to law in connection with such improvement. 2. This act shall take effect immediately. CHAPTER 215 AN ACT making an appropriation for the repair of the locks and gates between the Saranac river and Little Saranac lake. Became a law April 1, 1925, with the approval of the Governor. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. The sum of twelve thousand dollars ($12,000) or so much thereof as may be necessary, is hereby appropriated from any moneys in the state treasury not otherwise appropriated to be expended by the state superintendent of public works in repairing the locks and gates between the Saranac river and Saranac lake, and between lower Saranac lake and middle Saranac lake in the county of Franklin. The moneys hereby appropriated shall be payable by the state treasurer upon the warrant of the comptroller upon the draft or requisition of the state superintendent of public works. § 2. This act shall take effect immediately. |
