NY State L § 28 (2021)
2021 New York Laws STL - State Article 3 - Cessions to the United States 28 - Cession During Use for Purposes Thereof, With Reservation of Right to Serve Process.

§ 28. Cession  during  use  for  purposes thereof, with reservation of   right to serve process. Title and jurisdiction to the  following  tracts   or  parcels  of land have been ceded to the United States by this state,   on condition that the jurisdiction  so  ceded  should  not  prevent  the   execution  thereon  of  any process, civil or criminal, issued under the   authority of the state, except as such process might affect the property   of the United States therein, and that such jurisdiction shall  continue   in the United States so long only as the land shall be used and occupied   for  the  purposes  of  cession,  unless  the  consent of the state to a   different use has been granted.1. In the city of New York. A tract or tracts of land, and land  under   water in the city of New York, not exceeding two hundred and fifty feet,   being  a  portion of the eastern end or extremity of the lands and lands   under water, formerly known as the Battery extension, including the open   slip or basin at the easterly end thereof, together with a right of  way   or  passage  not  less  than seventy-five feet in width, from such lands   over and across the lands adjacent thereto, known as the Battery ground,   which the mayor, aldermen and commonalty of the city of  New  York  have   been authorized to convey to the United States, acquired for the purpose   of erecting and establishing a barge office and other suitable buildings   and structures for the transaction of the public business connected with   the  United  States  revenue service, and for the landing of revenue and   other government boats  and  barges,  for  the  use,  accommodation  and   convenience  of the United States custom-house for the port of New York,   the title of this state in which the commissioners of  the  land  office   have been directed to convey.2.  In  Kings  county.  Two  certain  tracts  of land in Kings county,   described as follows: All that certain tract, piece or parcel of upland,   salt meadow and marsh, bounded as follows: Beginning at  the  corner  of   the  Wallabout  bridge  road, and the road leading to Williamsburgh, and   running from thence westerly along the bridge  road  and  land  of  John   Ryerson, to a corner; thence westerly along the land of John Ryerson, to   a  corner;  thence  westerly  along  the  same  and a small creek in the   meadow, to the Wallabout bay; thence northerly  by  the  said  Wallabout   bay,  to  the Wallabout creek; thence easterly by the creek aforesaid to   the south corner of the dock; thence westerly by land of Ida Schenck and   the dock, including the road sixty feet (the road to be for the  use  of   the  parties interested in the dock and landing); thence 140 feet to the   road leading from Williamsburgh to a corner eighty-eight feet  from  the   creek;  thence  along  said  road  southerly  to the place of beginning,   excepting and reserving to Francis Skillman, his heirs and assigns,  one   undivided half of the dock, and a privilege of a landing at the dock for   the  owner  or  occupant  of  the  farm  adjoining  the herein described   premises, lately sold to  Charles  Bostwick,  esquire.  Also,  all  that   certain  piece  of  land  and meadow on the easterly side of the road to   Williamsburgh, beginning against the road at  the  bridge,  and  running   from  thence easterly and southerly by the Wallabout creek to a stake at   the said creek; thence westerly to a  notched  post  against  the  road;   thence northerly along the road to the place of beginning, altogether in   upland,  salt  meadow and marsh about thirty-three acres, according to a   survey and map of the said lands, made by Jeremiah Lott, in the month of   April, 1824. The tracts of land,  the  jurisdiction  whereof  is  hereby   ceded,  being  the same which were, by an indenture bearing the date the   1st day of July, 1824,  conveyed  by  Sarah  Schenck,  widow  of  Martin   Schenck,  Jane  Schenck,  widow of Jeromus Schenck, Jacob Harris and Ida   his wife, and Isaac Harris and Mary Ann his wife, all of the  county  of   Kings,  and  state  of  New  York,  to  the  secretary  of the navy, the   secretary of the treasury, and the secretary of war, for the time being,    commissioners of navy hospitals, and to  their  successors  and  assigns   forever.  These  cessions  were  made  for  the  purpose of erecting and   maintaining a navy hospital and other necessary edifices and buildings.3.  At  Prince's  bay, Richmond county. A tract containing about eight   acres and three-quarters of an acre of land, situated at  Prince's  bay,   in the town of Westfield and county of Richmond, and bounded as follows:   Easterly and southerly by the bay at high water mark, as patented to the   original proprietors; westerly by Richard Lafourge's land; and northerly   by  land belonging to the estate of Israel R. Dissosway, deceased; being   part of the estate whereof he died seized, acquired for the  purpose  of   erecting a light-house thereon.4. On Staten Island. A tract of land not exceeding one acre in extent,   on  the lands belonging to the state, on and near the southeastern point   or projection of Staten Island; to be laid out in such a manner  as  not   to  interfere  with the appropriate uses of the military grounds of Fort   Tompkins; acquired for the purpose of erecting a lighthouse thereon.5. In Raritan bay. A  tract  of  land  under  water  in  Raritan  bay,   described as follows: The site is on the edge, or southeastern extremity   of  the  shoal  known  as  the  Great Beds, which makes out from the New   Jersey shore at the intersection of the Raritan river  and  Perth  Amboy   channels,  and  is  embraced  within  a  circle  seven  hundred  feet in   diameter, the center point of which is distant three-fourths of  a  mile   in  a  course  south twenty-two degrees west from the southwest gable of   the dwelling-house of B. C. Butler, at Ward's point,  on  the  southerly   shore  of  Staten Island, and contains 8.83 of an acre in area, as shown   on a map and description which have been filed  in  the  office  of  the   secretary of state of this state, acquired for the purpose of erecting a   light-house thereon.6.  In  Fisher's Island sound. A tract of land under water in Fisher's   Island sound, described as follows: The area embraced  within  a  circle   seven hundred feet in diameter, the center of which shall be the spindle   that  marked  the  site  of  "Latimer's  reef"  on  January first, 1883,   acquired for the purpose of erecting a light-house thereon.7. At Gardiner's island, Suffolk county. A tract of land on Gardiner's   island, Suffolk county, described as follows: All that part of the north   point  of  Gardiner's  island  aforesaid,  lying  northwest  of  a  line   described,  and  running  as follows, to wit: Starting from a stake on a   sand ridge, and running thence N. 56° E., and S. 56° W., to  the  waters   on  each  side  of  the  said  point  or beach respectively, and bounded   northerly, easterly and westerly by the waters of  Gardiner's  bay,  and   southeasterly  by  the  beach  at  the  aforesaid line, containing about   fourteen acres more or less, acquired for the purpose  of  erecting  and   maintaining thereon a light-house and other necessary buildings.8.  At  Rye,  Westchester  county. A tract of land in the town of Rye,   Westchester county, on Captain's island, described as follows: Beginning   at a marked rock, near a rock called Lightning rock, and running on  the   southern  and eastern shore N. 75° 30' E., 63 links; thence N. 41° E., 3   chains 40 links; thence N. 84° 45' E., one chain 88 links; thence N. 89°   E., 3 chains 80 links; thence N. 27° 45' E., 3 chains 53  links;  thence   N.  54°  W.,  71  links to a stone bound by the bank at high water mark;   thence west, crossing the island to the pond  where  a  stone  bound  is   erected  at high water mark, thence running by the southeast side of the   pond, S. 40° W., 75 links; thence S. 52° 15' W.,  one  chain  92  links;   thence N. 52° 45' W., 74 links; thence S. 13° 30' W., 2 chains 78 links;   thence  S.  49°  W.,  80 links, to a pine stump by the side of the pond;   thence S. 19° W., one chain nine links, across a point of  land  to  the   place  of  beginning,  but not to contain any part of the pond, acquired    for the purpose of erecting and maintaining thereon  a  light-house  and   other necessary buildings.9.  At  Watervliet,  Albany  county.  A  tract  of land in the town of   Watervliet, Albany county, described as follows:  Beginning  at  an  elm   tree  standing  on  the west bank of the Hudson river, in the village of   Gibbonsville, thence running, by the magnetic meridian in 1828,  N.  68°   W.,  18 chains and seventeen links, to a stone in the ground marked U.S.   No. 6; thence S. 22° W., 10 chains and 76  links,  to  a  stone  in  the   ground,  marked  U.S.  No. 7; thence N. 68° W., 12 chains 81 links, to a   stone in the ground, marked U.S. No. 2, at the south side of a new  road   called  the  Shaker road; thence along the said road S. 72° W., 4 chains   and twenty-nine links, to a stone in the ground, marked U.S. No. 3, also   on the south side  of  said  road;  thence  S.  22°  W.,  6  chains  and   thirty-four links to a stone in the ground, marked U.S. No. 4; thence S.   68°  E.,  35  chains  and  eighty links, to the west shore of the Hudson   river at low water mark; thence up the  said  stream,  along  low  water   mark,  till  the place of beginning bears N. 68° W., thence from the low   water mark N. 68° W., to the place of beginning, together with  all  the   land  under water lying opposite and easterly of the described premises,   which has been heretofore granted by letters patent to James Gibbons, by   the people of the state of  New  York;  the  evidences  of  the  several   purchases  of  the  land  which  is  hereby ceded, being recorded in the   office of the clerk of the county of Albany; but  always  excepting  and   reserving  out  of  the  lands above described, the land occupied by the   Erie canal, one rod on each side thereof, and also the  public  highway,   acquired  for  the purpose of erecting and maintaining thereon arsenals,   magazines, dock yards and other necessary buildings.10. In towns of  Theresa  and  Antwerp,  Jefferson  county,  for  fish   hatchery.  Such  lands  and  the  rights  of way thereto in the towns of   Theresa and Antwerp, Jefferson county, as said United States  may  need,   require  and  secure  for the purposes of a United States fish hatchery,   and the land under the waters of Moon lake in said towns and county, and   of the creeks and their water running into and from said  lake,  and  of   the  lands  bordering on said lake and creeks one hundred feet back from   high water mark on the shore of said lake, and  one  hundred  feet  each   side  of  the  said  creeks  from their center. And jurisdiction is also   further ceded to said government of such lands  in  said  towns  as  may   contain springs which it may secure for the purposes of furnishing water   for  such  hatchery; the total amount of land over which jurisdiction is   hereby ceded shall not exceed one thousand acres, exclusive of the  land   under  the  waters of said lake, and such jurisdiction shall continue so   long as said government shall operate and maintain a  fish  hatchery  in   the  said  towns  and  no  longer;  and  provided at all times civil and   criminal processes of the New York state courts may be  served  on  said   lands.