Perth Amboy evening news., 1919-08-21

AGAIN QUESTIONS
THE CITY RIGHTS
State Commission Presses for
Action on Riparian Lands
CITY IS WITHOUT AUTHORITY
Matter in Hands Of Mayor for
Consultation With the
City Engineer

In a letter received last night by
the City Harbor Board Victor Cell
neau, director of the New Jersey
Board of Commerce and Navigation
states that after three years of inves-
tigation he is still of the conclusion
that the city has no riparian rights
to the lands under tidewater at the
foot of number of the city's streets.
The letter has been referred to Mayor
Dorsey, who stated that he would
take up the matter with the city en-
gineer, Morgan Larson, who is now
conducting the investigation for the
city.
The property in question includes
several pile wharfs, bulkheads, piers,
etc.
Mr.. Gelineau's letter follows:
Il am writing to you in reference
to the occupation by the City of
Perth Amboy of certain lands under
water for which, as far as the rec
ords of this office show, the city has
not acquired the riparian rights.
refer particularly to the wharf and
fill on Arthur Kill between Fayette
and Smith streets; the concrete wall
and fill on Arthur Kill from Market
street about 400 feet south; the bulk
head and fill on Arthur Kill at the
foot of Gordon street; at the foot of
II
avenue and Madison avenue, on the
north side of Raritan river; bulk
head and fill and old pile wharf be-
tween High street and Linden ave-
nue. on Raritan river; the bulkhead
and fill and sunken boats on, the
Raritan river from Madison avenue
to the Central railroad bridge and
pile bulkhead at the Staten Island
Rapid Transit Company's plant at
- r.& A t1N NJ
Kill.
The question of riparian rights for
these occupations was raised in gem
eral investigation three years ago, and
you were notified in November 1916.
We have had a great deal of cores
pondence since, but practically the
question remains just as 1T was origin
ally, namely: by what right is the
City of Perth Anboy occupying the
said lands under water?
Unless you have riparian rights
these lands belong to the state OF
New Jersey and the city is therefore a
trespasser, for, in this state. title to
lands under tide-water is derived
mediately or Immediately from the
state. We have carried these cases
on the calendar for a long time, as
said before, with absolutely no prog
, ress in securing recognition Of the
SlttC IiBhLo VI JuStihNdtiOll AOi eAAS
occupations. Your harbor commits
sion has passed the question on to
your city attorney and he in turn has
I}passed it along to the city engineer
but we get no results. / am ready
at any time to aid in any way ] car
to discover what justification the city
has for occupying these lands.-thai
has been my attitude throughout, and
feel sure reflects accurately the
feeling of the board.
However. all my investigation so fai
leads me only to the conclusion thai
the city has no riparian rights, but
I find it difficult to believe that the
city purposes to occupy state lands
without meeting the law of the state
on the subject.
Will you please advise me by re-
turn mail of the city's intentions.
Very truly yours.
(Signed) VICTOR GELINEAU,
Director, State of New Jersey,
| Board of Commerce and Navigation.