The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-06-23

The City Authorities Disputing tho Power
OF the Land Board.

ALBANY, June 22-The New York city au-
thorities are again attacking the power Of the
State Land Board to mako grants OF land
under water to the riparian owners within the
territory OF the Greater New York. Some
months ago the city authorities opposed the
granting by the Land Board OF aome fifteen
applications for grants OF land under water In
New York city. unless there was included In
such grants a provision that the city could at
any time enter upon such lands and take them
for the use Of the city without compensating
the owners for any improvements they may
have made thereon. The city authorities con-
tend that they had the right under the char
ter to demand the insertion In grant OF any
restrictions deemed necessary.
The question was carried to the courts end
Justice Chester. writing the opinion. held that
the New York city Dock Board. while 1t might
suggest to the State Land Board the terms and
conditions to be inserted In grant to riparian
land owner. such action by the Dock Board was
merely for the ADJUSTMENT OF the Land Board.
and that any conclusion OF the former might
be disreRarded by the latter in making grant.
Justice Chester also held that the provisions
OF the charter do not operate to limit the power
formerly possessed by the Lam, Land Board in re-
2 OF a fse ronr " Safe
neals sustained Justice Chester's decision. and
the Land Board went ahead and made the
gested by the New York city Dock Board.
About twenty applications for grants OF land
under water in the different boroughs OF New
York city are now pending before the Land
grants in Astoria. made by the Astoria Light.
Heat and Power Company. The city authori-
ties are endeavoring to hold up these grants
upon the contention that. under the provi sions
OF the charter the Land Board has no jurisdic-
city il the Dock Board decides that such grants
would be against public policy:
Attorney General Davies and State Engineer
Bond, as a sub Committee Of the Land Board.
to-day gave hearing upon the question. As
and +. j. Freedman Of New York city appeared
and argued against the granting OF the appli-
cations. They contended that IL the New York
city Dock Department should Investigate an
that city. and thereafter should decide by reso-
luton that the making of such grant would be
injurious to the city's interest. the Land Board
has no right to make the grant
~ William j; Kelly Joseph A. Burr. Charles 3.
vo9rhis. Calvin D. Van Nance. JohnJ Gleason
appeared for the applicants. and argued that
under Justice Chestsr's decision and under the
provisions OF the law the Land Board could
IN axe grants in New York city without regard
Board. The attorneys were, given until next
Tuesday to file briefs. and the applications
will be passed upon by the Land Board on
Thursday next. 1t Is likely that the Land
Board will decide against the city authorities.
and that the latter will again appeal to the
courts.
Within the city limits there are about 225
miles Of water 'front.' the riparian owners OF
which have not secured grants OF land under
water ad lacent thereto. This water front the
oring to preserve from private enterprise to
meet the future needs OF the citys commerce.