2006 New York Code - Authorization Of Acquisition And Cession Of Jurisdiction Thereupon, During Use For Purposes Thereof, With Reservation Of Right To Serve Process.



 
    § 29. Authorization   of   acquisition  and  cession  of  jurisdiction
  thereupon, during use for purposes thereof, with reservation of right to
  serve process. The United States has  been  authorized  to  acquire  the
  following  tracts  or parcels of land, and jurisdiction thereof has been
  ceded to the United States upon such acquisition on condition  that  the
  jurisdiction  so  ceded  should not prevent the execution thereon of any
  process, civil or criminal, issued under the  authority  of  the  state,
  except  as  such  process might affect the property of the United States
  therein, and that such jurisdiction shall continue in the United  States
  so  long only as the land shall be used and occupied for the purposes of
  cession, unless the consent of the state to a  different  use  has  been
  granted.
    1.  In the city of Brooklyn. A tract or tracts of land in and adjacent
  to the city of Brooklyn, described as follows: Commencing at  the  stone
  monument,  No. 1, at the corner of Flushing avenue and the Williamsburgh
  road; thence S. 82¬ 25' W., 599 3/12  feet  to  stone  monument  No.  2;
  thence  N. 82¬ 30' W., along Flushing avenue, 4,152 feet 6 3/4 inches to
  stone monument No. 3; thence N.  7¬ 16' E., along Navy street, 903  feet
  to  the  point J; thence N. 25¬ 39' W., 479 4/12 feet to point K; thence
  N. 40¬ 47' E., 1,357 7/12 feet to the point  L;  thence  northeastwardly
  until  it  intersects  the continuation of the Williamsburgh line at the
  point M, at the distance of 130 feet from the block;  thence  eastwardly
  by  and  with  the  said  continuation  of the Williamsburgh line to the
  center of the channel at the point N; thence along  the  center  of  the
  channel  to the point O, at the intersection of the line A B, continued;
  thence S. 57¬ 30' E., to the point A,  equidistant  between  two  piles,
  driven  at  low  water  mark; thence S. 57¬ 30' E., 991 3/12 feet to the
  point B; thence S. 42¬ E., 1,025 feet to the point C; thence S. 35¬  30'
  E.,  200  feet  to  the  point D; thence S. 29¬ E., 271 4/12 feet to the
  point E; thence S. 4¬ E., 189 3/12 feet to the point F;  thence  S.  34¬
  30'  W.,  93  feet to the point G, in the center of the Wallabout creek;
  thence along the center of said creek to the point H; thence S. 68¬  W.,
  244  feet  to  the  point  I;  thence S. 0¬ 55' E., 219 5/12 feet to the
  commencement, at the monument No. 1; provided,  nevertheless,  that  the
  city  of Brooklyn shall not be deprived of any vested rights in and over
  Vanderbilt and Clinton avenues, as now  laid  out  and  graded,  or  the
  rights of sewerage which the said city may now possess over the property
  lying  between  the  Naval Hospital grounds and the easterly boundary of
  the present navy yard.
    The free, common and unrestricted use and navigation of the waters and
  channels of the Wallabout bay, from  the  westerly  line  of  Vanderbilt
  avenue  in front thereof, and extending therefrom easterly and northerly
  to the East river, is hereby reserved to the people of this  state;  and
  the  United  States  shall  not  in  any way or manner injure, affect or
  obstruct the free and entire use and navigation of the said channel,  or
  the  landing  places  or  wharves  at  the foot of, or where Clinton and
  Vanderbilt avenues, or either of them, reach or may extend to  the  said
  channel.  Such acquisition has been authorized for the purpose of a navy
  yard and naval hospital, according to the plan furnished  by  the  naval
  department.
    2.  On  Staten  Island.  A  tract  of  land on Staten Island, Richmond
  county, owned by William H. Aspinwall, lying mainly between the lands of
  the United States and New York avenue, for the purpose of  building  and
  maintaining forts, magazines, arsenals and other necessary structures.
    3.  On  Long  Island. A tract or tracts of land on Long Island, Queens
  county,  in  a  direction  opposite  Fort  Schuyler,  East  river   (and
  concurrent jurisdiction over all the shores, flats and waters contiguous
  to  such lands, within 400 feet from low water mark, measured toward the
  channel, and over the land lying between high and low water marks),  for
  the  purpose  of  building and maintaining forts, magazines, dock-yards,
  wharves and other necessary structures and appendages.
    4.  On  Long  Island  and  Staten  Island.  A  tract or tracts of land
  adjacent to Fort Hamilton, Kings county, and adjacent to  Fort  Tompkins
  in  the  town  of  Southfield,  Staten  Island,  not exceeding 150 acres
  together with all the shores, flats and waters within 400 yards from low
  water mark, contiguous to such lands; for the purpose  of  erecting  and
  maintaining  thereon  batteries,  forts,  magazines,  wharves  and other
  necessary structures with their appendages.
    5. In Hudson river. Certain tracts of land under water in  the  Hudson
  river,  for  the  purpose of erecting light-houses, beacon lights, range
  lights, or other aids to navigation, and light keepers'  dwellings,  and
  which  the  commissioners  of  the  land  office have been authorized to
  convey.
    6. At sundry places for light-house purposes. Certain tracts  of  land
  in  or  near  the  Hudson river, for the purpose of the construction and
  maintenance of light-houses and keepers' dwellings, as follows:
    1. For a beacon light on the eastern shore of the river near the lower
  end of Fish House bar.
    2. For a beacon light on a dike above Fish House bar.
    3. For a beacon light on the southern part of  an  island  near  Round
  shore.
    7.  At  Danskamer  point,  near  Orange  county.  A  tract of land not
  exceeding one acre, situate at Danskamer point, on the western  side  of
  the  Hudson  river,  at  a  point  near  the northern boundary of Orange
  county; and also a tract of land not exceeding 25 feet  square,  situate
  at  the  Narrow channel, on the west side of the Hudson river, in Greene
  county, distant about three-fourths of a mile due north of the Four-Mile
  point light-house, for  the  purpose  of  establishing  and  maintaining
  light-houses, fog signals or other aids to navigation.
    8. Near Tarrytown. A tract of land under water in the Hudson river, in
  the  vicinity  of  Tarrytown point, for the purpose of erecting a beacon
  light thereon, when the  site  thereof  shall  have  been  selected  and
  approved  by  the  commissioners  of  the  land office and a description
  thereof filed in the office of the secretary of state.
    9. Sister islands, St. Lawrence county. Certain tracts of land in  St.
  Lawrence county, known and designated as the "Sister islands," being two
  islands  situated  near  the most easterly point of Grenadier island, in
  Canada, for a site for a light-house and to be acquired  by  the  United
  States before January 1, 1862.
    10.   At  Ogdensburgh,  St.  Lawrence  county.  A  tract  of  land  in
  Ogdensburgh, St. Lawrence county, described as  follows:  That  part  of
  block  No.  45,  which  block is bounded by State, Green, Water and Knox
  streets, between Knox street and a line drawn  across  said  block  from
  State  to Water street, parallel with Knox street, and distant therefrom
  145 feet 7 inches, and being 117 feet and 7 inches on Knox  street,  and
  145 feet and 7 inches on State street, for the purpose of a custom-house
  and post-office with court-rooms.
    11.  At  Hounsfield,  Jefferson county. A tract of land known as Horse
  island, in the town of Hounsfield, Jefferson county, for the purpose  of
  erecting  and  maintaining  a  light-house and other buildings connected
  therewith.
    12. Near outlet of Lake Champlain. A tract of land near the outlet  of
  Lake Champlain for a site for a fort, and which the commissioners of the
  land office have been authorized to convey accordingly.
    13.  Near mouth of Oswego river. A tract of land near the mouth of the
  Oswego river, Oswego county, known as the old fort, military and  parade
  ground,  for  the  purpose  of  re-establishing  the  military  post, of
  rebuilding the fort, redoubts and  barracks,  of  improving  the  parade
  grounds,  and  of  the  erection  of  a  marine  hospital, and which the
  commissioners  of  the  land  office  have  been  authorized  to  convey
  accordingly. Any right, title or privilege granted by the United  States
  to  any  railroad  company to cross or occupy any portion of such lands,
  shall not be deemed a use  contrary  to  the  purposes  of  the  cession
  thereof.
    14.  In  the city of Buffalo. A tract or tracts of land in the city of
  Buffalo, for the erection of forts, magazines, arsenals, dock-yards  and
  other  needful buildings deemed necessary for the protection and defense
  of such city.
    15. In Buffalo. A tract or tracts of  land  adjacent  to,  or  in  the
  vicinity  of,  the  lands  owned  by  the United States, and occupied on
  January 1, 1842, by the light-house in the  city  of  Buffalo;  for  the
  purpose of erecting a fort, battery or other military works thereon, and
  which  the  commissioners  of  the  land  office have been authorized to
  convey accordingly.
    16. At Black Rock, Erie county. Certain tracts of land  in  the  south
  village  of Black Rock, between Lake street or Broadway and the easterly
  line of the Buffalo and Black Rock railroad, or north of block 133,  and
  between the Erie canal and Black Rock harbor, or lands adjacent thereto,
  reserving  a  free  and  uninterrupted  use  and  control  in  the canal
  commissioners of  all  that  may  be  necessary  for  canal  and  harbor
  purposes;  for the purpose of erecting and establishing a fort, battery,
  barracks, parade ground or military post, and which the commissioners of
  the land office have been authorized to convey accordingly.
    17. At Black Rock and Buffalo. A tract of land in the south village of
  Black  Rock,  Erie  county,  described  as  follows:  Beginning  at  the
  northeast  corner  of  Connecticut street and the Buffalo and Black Rock
  railroad, thence first in  a  northwesterly  and  next  in  a  northerly
  direction  along  the  easterly side of said railroad, to a short street
  leading from said railroad to Massachusetts  street;  thence  along  the
  south  side of said short street to Broadway; thence along the west side
  of Broadway to Fifth street; thence along the southwest  side  of  Fifth
  street  to Rhode Island street; thence along the southeast side of Rhode
  Island street to Broadway; thence along the west  side  of  Broadway  to
  Fourth  street;  thence  along  the  southwest  side of Fourth street to
  Connecticut street; thence  along  the  northwest  side  of  Connecticut
  street  to the place of beginning; or so much thereof as may be required
  by the United States of  America,  and  necessary  for  the  purpose  of
  erecting  and  establishing  a fort, battery, barracks, parade ground or
  military post; provided always that this state shall have the  right  to
  quarry,  carry  off,  and  use,  for  public  purposes, the stone on the
  southwest side of the reserve, called the "Military square," and of  the
  reserve  immediately  north  thereof,  until  the  bank  shall have been
  penetrated by such quarrying to within 50 feet of the southwest side  of
  Fourth  street;  the  United  States of America being allowed to quarry,
  carry off, and use so much  stone  in  said  quarry  as  may  be  deemed
  necessary  for  the  construction of the contemplated defenses, together
  with all the  buildings  and  other  erections  that  may  be  connected
  therewith,  and  which  the  commissioners  of the land office have been
  authorized to convey accordingly, and also all  lands  acquired  by  the
  United  States  prior  to  February  9,  1844, under any law authorizing
  proceedings in the nature of a writ ad quod damnum, or  by  purchase  of
  lands  in  the  city of Buffalo and village of Black Rock, and all those
  streets, lanes and alleys between blocks Nos. 186, 167 and 168  in  said
  village,  and  between  such  blocks  and  the  premises  above  in this
  subdivision described.
    18.  In  Sackett's  Harbor.  Such  lands  in  the village of Sackett's
  Harbor, county of Jefferson,  for  the  erection  of  forts,  magazines,
  arsenals,  dock  yards  and other needful buildings as the government of
  the United States may deem necessary, and on the property  owned  or  to
  which it has or may acquire title.

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