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NEW YORK STATE CONSTITUTION
ARTICLE XIV
CONSERVATION
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 therefor 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 therefor; 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 therefor, 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 therefor, 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.
Sec. 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.
Sec. 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. 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.
Sec. 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.
Sec. 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.
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