ADIRONDACK PARK AGENCY REPORTER
Susan Allen, Publisher and Editor
P. O. Box 718  
Keene Valley, New York 12943
Telephone: (518) 576-9861     E-Mail: APAReport@aol.com


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New York State Constitution

Section 1. The lands of the state, now owned or hereafter acquired, constituting the forest preserve as now fixed by law, shall be forever kept as wild forest lands. They shall not be leased, sold or exchanged, or be taken by any corporation, public or private, nor shall the timber thereon be sold, removed or destroyed. Nothing herein contained shall prevent the state from constructing, completing and maintaining any highway heretofore specifically authorized by constitutional amendment, nor from constructing and maintaining to federal standards federal aid interstate highway route five hundred two from a point in the vicinity of the city of Glens Falls, thence northerly to the vicinity of the villages of Lake George and Warrensburg, the hamlets of South Horicon and Pottersville and thence northerly in a generally  straight line on the west side of Schroon Lake to the  vicinity  of  the hamlet  of  Schroon,  then  continuing northerly  to  the vicinity of Schroon Falls, Schroon River and North Hudson, and to the east of Makomis Mountain, east of the hamlet of New Russia, east of the village of Elizabethtown and continuing  northerly in the vicinity of  the hamlet of  Towers  Forge,  and  east of Poke-O-Moonshine Mountain and continuing northerly to the vicinity  of the village  of  Keeseville  and  the city of Plattsburgh, all of the aforesaid taking not to exceed a total of three hundred acres of state forest preserve land, nor from constructing and maintaining  not  more than  twenty-five miles of ski trails thirty to two hundred feet wide, together with appurtenances thereto, provided that no more than  five miles  of  such  trails  shall be in excess of one hundred twenty feet wide, on the north, east and northwest slopes of Whiteface Mountain in Essex county, nor from constructing  and maintaining  not  more  than twenty-five  miles  of  ski  trails  thirty  to two hundred feet wide, together with appurtenances thereto, provided that no  more  than  two miles  of  such  trails  shall be in excess of one hundred twenty feet wide, on the slopes of  Belleayre  Mountain  in  Ulster  and  Delaware counties  and  not  more  than forty miles of ski trails thirty to two hundred feet wide, together with appurtenances thereto, provided  that no more than  eight  miles  of such trails shall be in excess of one hundred twenty feet wide, on the slopes of Gore and Pete Gay mountains in Warren county, nor from relocating, reconstructing and  maintaining a total  of  not more than fifty miles of existing state highways for the purpose of eliminating the hazards of dangerous curves and grades, provided a total of no more than four hundred acres of forest preserve land shall be used for such purpose and that no single relocated portion of any highway shall exceed one mile  in  length. Notwithstanding the foregoing provisions, the state may convey to the village of Saranac Lake ten acres of forest preserve land adjacent to the boundaries of such village for public use in providing for refuse disposal and in exchange therefore the village of Saranac Lake shall convey to the state thirty acres of certain true forest land owned by such village on Roaring Brook in the northern half of Lot 113, Township 11, Richards Survey. Notwithstanding the foregoing provisions, the state may convey to the town of Arietta twenty-eight acres of forest preserve land within such town for public use in providing for the extension of the runway and landing strip of the Piseco airport and in exchange therefore the town of Arietta shall convey to the state thirty acres of certain land owned by such town in the town of Arietta. Notwithstanding the foregoing provisions and subject to legislative approval of the tracts to be exchanged prior to the actual transfer of title, the state, in order to consolidate its land holdings for better management, may convey to International Paper Company approximately eight thousand five hundred acres of forest preserve land located in townships two and three of Totten and Crossfield`s Purchase and township nine of the Moose River Tract, Hamilton county, and in exchange therefore International Paper Company shall  convey  to the state for incorporation into the forest preserve approximately the same number of acres of land  located  within  such townships  and  such  County on  condition that the legislature shall determine that the lands to be received by the state  are  at  least equal in value to the  lands  to  be  conveyed  by  the  state. Notwithstanding the foregoing provisions and subject to legislative approval of the tracts to be exchanged prior to the actual transfer of title and the conditions herein set forth, the state, in order to facilitate the preservation of historic buildings listed on the national register of historic places by rejoining an historic grouping of buildings under unitary ownership and stewardship, may convey to Sagamore Institute Inc., a not-for-profit educational organization, approximately ten acres of land and buildings thereon adjoining the real property of the Sagamore Institute, Inc. and located on Sagamore Road, near Racquette Lake Village, in the Town of Long Lake, county of Hamilton,  and  in  exchange  therefore; Sagamore Institute, Inc. shall convey to  the  state for incorporation  into  the  forest  preserve approximately two hundred acres of wild forest land located within the Adirondack Park on condition that the legislature shall determine that the  lands  to be received by the state are at least equal in value to the lands and buildings to be conveyed  by the  state  and  that  the natural  and historic character of the lands and buildings conveyed by the state will be secured by appropriate  covenants  and  restrictions and that the lands and buildings conveyed by the state will reasonably be available for public visits according to agreement between Sagamore Institute, Inc. and the state.  Notwithstanding the foregoing provisions the state may convey to the town of Arietta fifty acres of forest preserve land within such town for public use in providing for the extension of the runway and landing strip of the Piseco airport and providing for the maintenance of a clear zone around such runway, and in exchange therefore, the town of Arietta shall convey to the state fifty-three acres of true forest land located in lot 2 township 2 Totten and Crossfield`s Purchase in the town of Lake Pleasant. Notwithstanding the foregoing provisions and subject to legislative approval prior to actual transfer of title, the state may convey to the town of Keene, Essex county, for public use as a cemetery owned by such town, approximately twelve acres of forest preserve land within such town and, in exchange therefore, the town of Keene shall convey to the state for incorporation into the forest preserve approximately one hundred forty-four acres of land, together with an easement over land owned by such town including the riverbed adjacent to the land to be conveyed to the state  that  will  restrict further  development  of  such land, on condition that the legislature shall determine that the property to be received by the state  is  at least equal in value to the land to be conveyed by the state.
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Section 2. The legislature may by general laws provide for the use of not exceeding three per centum of such lands for the construction and maintenance of reservoirs for municipal water supply, and for the canals of the state.  Such reservoirs shall be constructed, owned and controlled by the state, but such work shall not be undertaken until after the boundaries and high flow lines thereof shall have been accurately surveyed and fixed, and after public notice, hearing and determination that such lands are required for such public use.  The expense of any such improvements shall be apportioned on the public and private property and municipalities benefited to the extent of the benefits received.  Any such reservoir shall always be operated by the state and the legislature shall provide for a charge upon the property and municipalities benefited for a reasonable return to the state upon the value of the rights and property of the state used and the services of the state rendered, which shall be fixed for terms of not exceeding ten years and be readjustable at the end of any term.  Unsanitary conditions shall not be created or continued by any such public works.  
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Section 3. 1. Forest and wild life conservation are hereby declared to be policies of the state. For the purpose of carrying out such policies the legislature may appropriate moneys for the acquisition by the state of land, outside of the Adirondack and Catskill parks as now fixed by law, for the practice of forest or wild life conservation.   The prohibitions of section 1 of this article shall not apply to any lands heretofore or hereafter acquired or dedicated for such purposes within the forest preserve counties but outside of the Adirondack and Catskill parks as now fixed by law, except that such lands shall not be leased, sold or exchanged, or be taken by any corporation, public or private.
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Section 3. 2. As to any other lands of the state, now owned or hereafter acquired, constituting the forest preserve referred to in section one of this article, but outside of the Adirondack and Catskill parks as now fixed by law, and consisting in any case of not more than one hundred contiguous acres entirely separated from any other portion of the forest preserve, the legislature may by appropriate legislation, notwithstanding the provisions of section one of this article, authorize: (a) the dedication thereof  for the practice of forest or wildlife conservation; or (b) the use  thereof  for  public recreational  or  other  state purposes  or  the  sale,  exchange  or other disposition thereof; provided, however, that all moneys derived from the sale or other disposition  of  any  of  such lands shall be paid into a special fund of the treasury and be expended only for the acquisition  of additional  lands  for  such  forest preserve within either such Adirondack or Catskill park.
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Section 4. The policy of the state shall be to conserve and protect its natural resources and scenic beauty and encourage the development and improvement of its agricultural lands for the production of food and other agricultural products. The legislature, in implementing this policy, shall include adequate provision for the abatement of air and water pollution and of excessive and unnecessary noise, the protection of agricultural lands, wetlands and shorelines, and the development and regulation of water resources.  The legislature shall further provide for the acquisition of lands and waters, including improvements thereon and any interest therein, outside the forest preserve counties, and the dedication of properties so acquired or now owned, which because of their natural beauty, wilderness character, or geological, ecological or historical significance, shall be preserved and administered for the use and enjoyment of the people.  Properties so dedicated shall constitute the state nature and historical preserve and they shall not be taken or otherwise disposed of except by law enacted by two successive regular sessions of the legislature.
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Section 5. A violation of any of the provisions of this article may be restrained at the suit of the people or, with the consent of the supreme court in appellate division, on notice to the attorney-general at the suit of any citizen. 


ADIRONDACK PARK AGENCY REPORTER ***** P.O.Box 718, Market Street, Keene Valley, New York 12943 ***** Telephone: (518) 576-9861 ***** Fax: (800) 852-7137 *****  E-Mail: APAReport@aol.com


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