§ 60 — Entry upon lands for purposes of United States survey

New York § 60

• Jurisdiction: New York
• Law STL: State
• Art. 5: Entry Upon Lands For Purposes of United States Survey

Text

§ 60. Entry upon lands for purposes of United States survey. Any\nperson employed under and by virtue of an act of congress of the United\nStates, passed the tenth day of February, one thousand eight hundred and\nseven, and of the supplements thereto, may enter upon lands within this\nstate for the purpose of exploring, triangulating, leveling, surveying\nand doing any other act which may be necessary to carry out the objects\nof said laws, and may erect any works, stations, buildings and\nappendages requisite for that purpose, doing no unnecessary injury\nthereby.\n If the parties interested can not agree upon the amount to be paid for\ndamages caused thereby, either of them may petition the supreme court in\nthe county in which the land is situated, which court shall appoint a\ntime for a hearing as soon as may be, and order at least fourteen days'\nnotice to be given to all parties interested, and with or without a view\nof the premises, as the court may determine, hear the parties and their\nwitnesses and assess damages.\n The person so entering upon land may tender to the party injured\namends therefor, and if in case of appeal to the supreme court the\ndamages finally assessed do not exceed the amount tendered, the person\nentering shall recover costs, otherwise the prevailing party shall\nrecover costs.\n The costs to be allowed in all such cases shall be the same as allowed\naccording to rules by the court.\n If any person shall wilfully deface, injure, or remove any signal,\nmonument, building, or other property of the United States coast and\ngeodetic survey, constructed or used under or by virtue of the acts of\ncongress aforesaid, he shall forfeit a sum not exceeding fifty dollars\nfor each offense, and shall be liable for damages sustained by the\nUnited States in consequence of such defacing, injury or removal, to be\nrecovered in an action on the case in any court of competent\njurisdiction.\n