N.Y. Environmental Conservation Law § 9-0107: Acceptance by department of lands for parks and for silvicultural research

§ 9-0107. Acceptance by department of lands for parks and for

silvicultural research.

Notwithstanding any other provisions of this article, the department

is hereby authorized to accept, for the state, grants or deeds of gift

of any lands, upon approval of the title thereto by the Attorney

General, as follows:

1. a. Lands, located in any county named in subdivision 2 of section

9-0105, or in subdivision 6 of section 9-0101 of this article, which the

department may deem suitable for park or reservation purposes. The grant

or deed must recite that it is given for acceptance under the provisions

of this subdivision of this section.

b. Property so accepted shall forever be under the jurisdiction of the

commissioner and his successors in office and, by virtue of the

acceptance thereof, shall be irrevocably dedicated to be used for the

purposes of a public park or reservation under the care, custody,

control and management of the department and shall not become a part of

the forest preserve. Such property shall forever remain open to the

public for the enjoyment of the scenic and natural beauties of the

premises, and receive such improvement or development, by the erection

of buildings, roads, highways, railroads and other structures, including

the improvement, alteration and maintenance of the structures now on

such premises as the legislature may from time to time determine. The

department may, in its discretion, lease a part or all of such premises

upon such terms and conditions as it may determine not inconsistent with

the reasonable use of such premises by the public, provided that any

such lease shall first have been approved by the Attorney General as to

form.

2. a. Lands, located in any county named in subdivision 6 of section

9-0101 of this article, which the department may deem suitable for use

for the purposes of silvicultural research and experimentation in the

science of forestry to the end that forest practices most beneficial to

the economy of the state and the health, welfare and comfort of the

people of the state may be ascertained and demonstrated. The grant or

deed to the state of any such lands must recite that it is given for

acceptance under the provisions of this subdivision of this section.

b. Property so accepted shall be under the jurisdiction of the

commissioner and his successors in office and, until otherwise provided

by law, shall be dedicated for use only for the purposes of

silvicultural research and experimentation in the science of forestry,

including purposes incidental thereto, under the care, custody, control

and management of the department and its successors in office and shall

not become a part of the forest preserve. Under such conditions as it

may deem consistent with the purposes aforesaid, and upon such terms as

it may deem to be for the best interests of the state, the department

may sell trees, timber and other products on any such lands. All trees,

timber or other products to be sold shall be plainly marked or otherwise

designated prior to cutting and no such material shall be removed from

such land until paid for. No such material shall be sold at less than

the fair market value in the county or counties in which it is located,

which value shall be the value fixed by a department forester or other

competent appraiser in a report made after an examination of the

materials to be sold, provided such appraisal is approved by the

department. The department may sell any such materials at not less than

the fair market value so fixed and under such conditions as it may

prescribe, provided, however, that no sale of such materials appraised

at five hundred dollars or more shall be made without public notice of

sale, and after receipt of sealed bids. The award shall be made only to

the highest bidder. Such notice of sale and bids, the awarding of the

contract and the execution and filing of the contract shall otherwise be

in accordance with the procedure specified in sections 9-0501 through

9-0505 of this article for the sale after public notice, of trees,

timber, and other forest products on reforestation areas. All moneys

received from any such sale shall be paid over to the State Comptroller

and shall be deposited by him in the forest preserve expansion fund

established by section 97-e of the State Finance Law.