N.Y. State Law § 29: Authorization of acquisition and cession of jurisdiction thereupon, during use for purposes thereof, with reservation of right to serve p...

§ 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. 82Á 25' W., 599 3/12 feet to stone monument No. 2;

thence N. 82Á 30' W., along Flushing avenue, 4,152 feet 6 3/4 inches to

stone monument No. 3; thence N. 7Á 16' E., along Navy street, 903 feet

to the point J; thence N. 25Á 39' W., 479 4/12 feet to point K; thence

N. 40Á 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. 57Á 30' E., to the point A, equidistant between two piles,

driven at low water mark; thence S. 57Á 30' E., 991 3/12 feet to the

point B; thence S. 42Á E., 1,025 feet to the point C; thence S. 35Á 30'

E., 200 feet to the point D; thence S. 29Á E., 271 4/12 feet to the

point E; thence S. 4Á E., 189 3/12 feet to the point F; thence S. 34Á

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. 68Á W.,

244 feet to the point I; thence S. 0Á 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.