The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1899-11-02
NO new LEASES.
Riparian Board Told That
It's New Plan Is
Unlawful.
WICKED OCEAN CITY
Steals States Land and Tries
to Sell It for $3.50
a Lot.


Governor VOORHEES, presided over the
meeting of the Riparian Commissioners,
which was held in the Boards rooms in
the Fuller Building this morning. The
most important matter taken up was the
new plan for leasing the State's lands un-
der water which the Board recently
adopted. Clerk Payne read this opinion
Of the Attorney General on the sub
ject:-
Trenton. N. j.. Nov. /. 1899
George L. Record. Esq, Attorney for
Riparian Commission of N ., Jersey
Dear SRI understand that the Ripar-
ian Commission have under consideration
water for terms of years, with a provis-
ion that at the expiration of the term the
property leased may be revalued under
an agreement, contained in the lease, that
the commission will submit the matter of
valuation, If there be any dispute. to the
arbitration and ultimate decision of an
umpire, and that my opinion is desired
by the committee as to whether such
form of lease as that herein Indicated
can be lawfully made by the commits
sion.
sion has no power to make any lease com
tanning an arbitration feature and thereby
agree to submit the question of the value
of the States lands to the arbitramsnt of
agents of the State They are not owners
of the States title. The power Is limit
Cd and is defined by By the the statutes tat Gee
21; 2791, Sec. 2s; 2T93, Sec. 56; 1885,. Sec. 41.)
These references / think, clearly indicate
that the power to fix and determine the
amount of rent or the price to be paid for
a grant for lands under water is vested
in the commission as the agents of the
State. There is no authority conferred
by the legislature upon the commission
al n
purpose of determining the price of land,
or its rental value. The commissioners
cannot even agree to accept a capital sum,
in lieu of annual payment, without the
authority of the Legislature acting for
the State which authority was expressly
conferred upon the commissioners by the
act of March II, 1870. fGen. Stat. r. 2796,
Sec 46) / have no doubt whatever that
any provision in any lease in contempla-
tion by which the amount Is rent is TO
be settled by arbitration canont lawfully
be made by the Riparian Commissioners,
nor have I any doubt that the Commis-
sioners may lease the States land for
missioners may fix and determine. In
making such leases, tn einterests of the
State would seem to require that the term
be long enough to induce the lessee to
make improvements. and not so long but
that the State would have an opportunity
in a reasonable time, TO avail itself of its
tenants, and thus increase its income
from rents.
Very truly yours.
S. H. GREY.
Attorney General.
The Board discussed the matter IN ex-
ecutive session and then adopted this res
ol1tion:-
Whereas This Board has under con-
sideration change in it's policy whereby
the practice hitherto followed of giving
yertible into grants should be discontin-
ued, and in the place thereof plan
should be adopted of giving leases for
long or perpetual term, with no provi-
an annual rental to be fixed from time
to time by arbitration, between the State
and the lessees; and
by the Attorney General and by Its coun-
sci that the Board has no power under
the law to adopt and carry out such pro-
posed plan; therefore
Resolved, That the further considera-
ton of the said proposed change IN the
policy of the Board be postponed until
by act of the Legislature, and that the
Board proceed with the applications ana
business before it in accordance with the
practice hitherto followed.
grant of land on both sides OF the
.Hackensack River, between the New York
Susquehanna and Western Railroad
bridge and the Andover street bridge at
the village of Hackensack, was leased 10
the Bergen. County Traction Company,
which proposes to build bridge at that
point. In accordance with the law the
Company sent the plans for it's bridge to
be approved by the Secretary Of War
They were sent back with instructions to
make the draw sixty feet wide, as the
War Department, for strategic. reasons
had made rule that all draws on the
Hackensack north of the Newark and
New York Railroad bridge should be six
ly feet wide and all south seventy-fiye
feet A complaint was received from 7;
d. Mitchell of Philadelphia complained |
to the Board that the Ocean City Assoei- |
alton had filled in lands belonging to the |
State at Ocean City and was selling 1t in
lots at $3.50 lot. Mr.. Mitchell said the |
association had filled in an appropriated |
land in front of his premises. The engi- |
neer of the Board will visit Ocean City |
and Investigate the matter. II Mr.. |
Mitchelrs complaint is well founded pro-
eeedings VIII be taken against the asso-