New-York tribune., 1899-12-12
LAND BOARDS STATEMENT.
NO GRANT MADE TO BUILD A TUNNEL

NO GRANT MADE TO BUILD TUNNEL
VALUE OF THE LAND UNDER WATER.
Albany, Dec. 1.-THE members OF the State Land
Board assert that great many misstatements
have been made In the published reports OF the
proceedings OF the meeting at which the applica-
ton for the Astoria Light, Heat and Power Com
pany for land under water granted. From a
semi-oicia source It IL stated that the Land Board
had granted no right to the Astoria company for
any tunnel under the East River. It's grant was
limited to a trife sixteen acres Of marshland
and land under shoal water along Berrian's Creek
and Berrian's Island
II obtained for the land 1896 or over 800 an
acre. the amount being fixed upon the report OF
the State appraisers The evidence before the
Board showed that the Astoria company had paid
81 900 an acre for tho uplands. of which 1t owned
300 acres and It would cost about $1,000 an acre 10
reclaim the land under water by the building OF
bulkheads and filing in, which would make the
actual cost OF the new land granted more than
the price paid for the uplands already owned
In addition To that under the restrictions at
tached to the grant. OF the land granted be-
comes the property OF the company until IL Is I'M
proved in accordance with the expressed purposes
OF the company, and unless the work is undertaken
within five years the grant becomes null and void
The price charged acre in this case Is rather
more than five times as much charged for a
grant of about fifty acres OF land in Jamaica Bay
last October, 10 which objection was MADE py
the Corporation Counsel or by the Dock Commits
soners of New-York City.
RIGHT TO GRANT LAND.
The Dock Commissioners of New-York have on
several occasions claimed that the State Land
Board had no power under the charter OF the city
of New-York to make any grants Of land within the
limits OF that city except with the consent OF the
Dock Commissioners. Last sumner the Board ap-
pointed a special committee to consider the claim.
and an opinion was obtained from the Attorney Cen
eral In this opinion Attorney General Davies cited
the opinion of the Court of Appeals in the White
more in which particular case II was held that
while the Dock Commissioners could make sugges-
tions and recommen ndations to the Land Board. the
latter Board was not bound to follow such sugges-
tions.
From this opinion the powers Of the Dock Com
mission in the matter OF grants of land under wa
ter appeared be similar TO the powers OF cities
disapproved by the government OF the city aHect-
ed but the Legislature is not stopped from passing
that bill over the Mayors veto.
II upon the opinion of the Attorney Genera II
that the Board has continued to make grants OF
land under water in New-York City. ana the s lTst
test case to be brought upon this general principle
is this case of the Astoria grant. :,
The question OF price. II appears from al ol o
Information thus far obtained here. Is not one
that the courts will be asked to pass upon ms
however was considered by the Board, ana IL was
but the Astoria company, which is the owner OF
the shore line at that point couid secure ,nS .ns
land from the State, and that All OF the idIu
granted was useless for purposes OF Navigation. III
addition that 1t was pointed out that me me- con, f
panv could secure the right TO build dock for
Ia less than one-seventeth Of the amount for
which the land had been appraised by the state
Appraisers.