§ 29 — Authorization of acquisition and cession of jurisdiction thereupon, during use for purposes thereof, with reservation of right to serve p...

New York § 29

• Jurisdiction: New York
• Law STL: State
• Art. 3: Cessions to the United States

Text

§ 29. Authorization of acquisition and cession of jurisdiction\nthereupon, during use for purposes thereof, with reservation of right to\nserve process. The United States has been authorized to acquire the\nfollowing tracts or parcels of land, and jurisdiction thereof has been\nceded to the United States upon such acquisition on condition that the\njurisdiction so ceded should not prevent the execution thereon of any\nprocess, civil or criminal, issued under the authority of the state,\nexcept as such process might affect the property of the United States\ntherein, and that such jurisdiction shall continue in the United States\nso long only as the land shall be used and occupied for the purposes of\ncession, unless the consent of the state to a different use has been\ngranted.\n 1. In the city of Brooklyn. A tract or tracts of land in and adjacent\nto the city of Brooklyn, described as follows: Commencing at the stone\nmonument, No. 1, at the corner of Flushing avenue and the Williamsburgh\nroad; thence S. 82Á 25' W., 599 3/12 feet to stone monument No. 2;\nthence N. 82Á 30' W., along Flushing avenue, 4,152 feet 6 3/4 inches to\nstone monument No. 3; thence N. 7Á 16' E., along Navy street, 903 feet\nto the point J; thence N. 25Á 39' W., 479 4/12 feet to point K; thence\nN. 40Á 47' E., 1,357 7/12 feet to the point L; thence northeastwardly\nuntil it intersects the continuation of the Williamsburgh line at the\npoint M, at the distance of 130 feet from the block; thence eastwardly\nby and with the said continuation of the Williamsburgh line to the\ncenter of the channel at the point N; thence along the center of the\nchannel to the point O, at the intersection of the line A B, continued;\nthence S. 57Á 30' E., to the point A, equidistant between two piles,\ndriven at low water mark; thence S. 57Á 30' E., 991 3/12 feet to the\npoint B; thence S. 42Á E., 1,025 feet to the point C; thence S. 35Á 30'\nE., 200 feet to the point D; thence S. 29Á E., 271 4/12 feet to the\npoint E; thence S. 4Á E., 189 3/12 feet to the point F; thence S. 34Á\n30' W., 93 feet to the point G, in the center of the Wallabout creek;\nthence along the center of said creek to the point H; thence S. 68Á W.,\n244 feet to the point I; thence S. 0Á 55' E., 219 5/12 feet to the\ncommencement, at the monument No. 1; provided, nevertheless, that the\ncity of Brooklyn shall not be deprived of any vested rights in and over\nVanderbilt and Clinton avenues, as now laid out and graded, or the\nrights of sewerage which the said city may now possess over the property\nlying between the Naval Hospital grounds and the easterly boundary of\nthe present navy yard.\n The free, common and unrestricted use and navigation of the waters and\nchannels of the Wallabout bay, from the westerly line of Vanderbilt\navenue in front thereof, and extending therefrom easterly and northerly\nto the East river, is hereby reserved to the people of this state; and\nthe United States shall not in any way or manner injure, affect or\nobstruct the free and entire use and navigation of the said channel, or\nthe landing places or wharves at the foot of, or where Clinton and\nVanderbilt avenues, or either of them, reach or may extend to the said\nchannel. Such acquisition has been authorized for the purpose of a navy\nyard and naval hospital, according to the plan furnished by the naval\ndepartment.\n 2. On Staten Island. A tract of land on Staten Island, Richmond\ncounty, owned by William H. Aspinwall, lying mainly between the lands of\nthe United States and New York avenue, for the purpose of building and\nmaintaining forts, magazines, arsenals and other necessary structures.\n 3. On Long Island. A tract or tracts of land on Long Island, Queens\ncounty, in a direction opposite Fort Schuyler, East river (and\nconcurrent jurisdiction over all the shores, flats and waters contiguous\nto such lands, within 400 feet from low water mark, measured toward the\nchannel, and over the land lying between high and low water marks), for\nthe purpose of building and maintaining forts, magazines, dock-yards,\nwharves and other necessary structures and appendages.\n 4. On Long Island and Staten Island. A tract or tracts of land\nadjacent to Fort Hamilton, Kings county, and adjacent to Fort Tompkins\nin the town of Southfield, Staten Island, not exceeding 150 acres\ntogether with all the shores, flats and waters within 400 yards from low\nwater mark, contiguous to such lands; for the purpose of erecting and\nmaintaining thereon batteries, forts, magazines, wharves and other\nnecessary structures with their appendages.\n 5. In Hudson river. Certain tracts of land under water in the Hudson\nriver, for the purpose of erecting light-houses, beacon lights, range\nlights, or other aids to navigation, and light keepers' dwellings, and\nwhich the commissioners of the land office have been authorized to\nconvey.\n 6. At sundry places for light-house purposes. Certain tracts of land\nin or near the Hudson river, for the purpose of the construction and\nmaintenance of light-houses and keepers' dwellings, as follows:\n 1. For a beacon light on the eastern shore of the river near the lower\nend of Fish House bar.\n 2. For a beacon light on a dike above Fish House bar.\n 3. For a beacon light on the southern part of an island near Round\nshore.\n 7. At Danskamer point, near Orange county. A tract of land not\nexceeding one acre, situate at Danskamer point, on the western side of\nthe Hudson river, at a point near the northern boundary of Orange\ncounty; and also a tract of land not exceeding 25 feet square, situate\nat the Narrow channel, on the west side of the Hudson river, in Greene\ncounty, distant about three-fourths of a mile due north of the Four-Mile\npoint light-house, for the purpose of establishing and maintaining\nlight-houses, fog signals or other aids to navigation.\n 8. Near Tarrytown. A tract of land under water in the Hudson river, in\nthe vicinity of Tarrytown point, for the purpose of erecting a beacon\nlight thereon, when the site thereof shall have been selected and\napproved by the commissioners of the land office and a description\nthereof filed in the office of the secretary of state.\n 9. Sister islands, St. Lawrence county. Certain tracts of land in St.\nLawrence county, known and designated as the "Sister islands," being two\nislands situated near the most easterly point of Grenadier island, in\nCanada, for a site for a light-house and to be acquired by the United\nStates before January 1, 1862.\n 10. At Ogdensburgh, St. Lawrence county. A tract of land in\nOgdensburgh, St. Lawrence county, described as follows: That part of\nblock No. 45, which block is bounded by State, Green, Water and Knox\nstreets, between Knox street and a line drawn across said block from\nState to Water street, parallel with Knox street, and distant therefrom\n145 feet 7 inches, and being 117 feet and 7 inches on Knox street, and\n145 feet and 7 inches on State street, for the purpose of a custom-house\nand post-office with court-rooms.\n 11. At Hounsfield, Jefferson county. A tract of land known as Horse\nisland, in the town of Hounsfield, Jefferson county, for the purpose of\nerecting and maintaining a light-house and other buildings connected\ntherewith.\n 12. Near outlet of Lake Champlain. A tract of land near the outlet of\nLake Champlain for a site for a fort, and which the commissioners of the\nland office have been authorized to convey accordingly.\n 13. Near mouth of Oswego river. A tract of land near the mouth of the\nOswego river, Oswego county, known as the old fort, military and parade\nground, for the purpose of re-establishing the military post, of\nrebuilding the fort, redoubts and barracks, of improving the parade\ngrounds, and of the erection of a marine hospital, and which the\ncommissioners of the land office have been authorized to convey\naccordingly. Any right, title or privilege granted by the United States\nto any railroad company to cross or occupy any portion of such lands,\nshall not be deemed a use contrary to the purposes of the cession\nthereof.\n 14. In the city of Buffalo. A tract or tracts of land in the city of\nBuffalo, for the erection of forts, magazines, arsenals, dock-yards and\nother needful buildings deemed necessary for the protection and defense\nof such city.\n 15. In Buffalo. A tract or tracts of land adjacent to, or in the\nvicinity of, the lands owned by the United States, and occupied on\nJanuary 1, 1842, by the light-house in the city of Buffalo; for the\npurpose of erecting a fort, battery or other military works thereon, and\nwhich the commissioners of the land office have been authorized to\nconvey accordingly.\n 16. At Black Rock, Erie county. Certain tracts of land in the south\nvillage of Black Rock, between Lake street or Broadway and the easterly\nline of the Buffalo and Black Rock railroad, or north of block 133, and\nbetween the Erie canal and Black Rock harbor, or lands adjacent thereto,\nreserving a free and uninterrupted use and control in the canal\ncommissioners of all that may be necessary for canal and harbor\npurposes; for the purpose of erecting and establishing a fort, battery,\nbarracks, parade ground or military post, and which the commissioners of\nthe land office have been authorized to convey accordingly.\n 17. At Black Rock and Buffalo. A tract of land in the south village of\nBlack Rock, Erie county, described as follows: Beginning at the\nnortheast corner of Connecticut street and the Buffalo and Black Rock\nrailroad, thence first in a northwesterly and next in a northerly\ndirection along the easterly side of said railroad, to a short street\nleading from said railroad to Massachusetts street; thence along the\nsouth side of said short street to Broadway; thence along the west side\nof Broadway to Fifth street; thence along the southwest side of Fifth\nstreet to Rhode Island street; thence along the southeast side of Rhode\nIsland street to Broadway; thence along the west side of Broadway to\nFourth street; thence along the southwest side of Fourth street to\nConnecticut street; thence along the northwest side of Connecticut\nstreet to the place of beginning; or so much thereof as may be required\nby the United States of America, and necessary for the purpose of\nerecting and establishing a fort, battery, barracks, parade ground or\nmilitary post; provided always that this state shall have the right to\nquarry, carry off, and use, for public purposes, the stone on the\nsouthwest side of the reserve, called the "Military square," and of the\nreserve immediately north thereof, until the bank shall have been\npenetrated by such quarrying to within 50 feet of the southwest side of\nFourth street; the United States of America being allowed to quarry,\ncarry off, and use so much stone in said quarry as may be deemed\nnecessary for the construction of the contemplated defenses, together\nwith all the buildings and other erections that may be connected\ntherewith, and which the commissioners of the land office have been\nauthorized to convey accordingly, and also all lands acquired by the\nUnited States prior to February 9, 1844, under any law authorizing\nproceedings in the nature of a writ ad quod damnum, or by purchase of\nlands in the city of Buffalo and village of Black Rock, and all those\nstreets, lanes and alleys between blocks Nos. 186, 167 and 168 in said\nvillage, and between such blocks and the premises above in this\nsubdivision described.\n 18. In Sackett's Harbor. Such lands in the village of Sackett's\nHarbor, county of Jefferson, for the erection of forts, magazines,\narsenals, dock yards and other needful buildings as the government of\nthe United States may deem necessary, and on the property owned or to\nwhich it has or may acquire title.\n