New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter II - Division Of Land Utilization › Part 270 - Lands Underwater: Grants, Easements, Leases, Permits › Subpart 270-4 - Application For A Grant In Fee Simple Of Land Underwater › Section 270-4.6 - Necessary affidavits and papers

Current through Register Vol. 46, No. 28, July 10, 2024
The following affidavits, maps and papers are to be filed
						with the Commissioner of General Services on or before the return date set
						forth in the application.
(a) An
					 affidavit showing publication of the notice of application at least once a week
					 for four weeks, successively, in a newspaper printed in the county or counties
					 in which the land applied for is situated, the first publication of such notice
					 to be at least 28 days before the date of application. This provision shall not
					 apply if the application is made under the provisions of subdivisions 11 and 12
					 of section 75  of the Public Lands Law.
(b) An affidavit showing that a copy of said
					 notice of application was posted at the courthouse in the county or counties in
					 which the land applied for is situated. The said copy of such notice shall be
					 posted on or before the first day of publication and for at least 28 days
					 before the date of application. When an application is made under the
					 provisions of subdivisions 11 and 12 of section 75  of said law, a copy of such
					 notice need not be posted.
(c) An
					 affidavit showing that a copy of said notice of application was served at least
					 20 days before the date of application upon the owners of waterfront land
					 adjoining the upland of the applicant. Said notice shall be served on such
					 owners personally, if such service can be made within this State. If the
					 applicant is not able to cause said notice to be served personally within this
					 State after making diligent efforts to do so, he may cause the same to be
					 served by affixing the notice of application to the door of either the actual
					 place of business, dwelling place or usual place of abode within the State of
					 the person to be served and by either mailing the notice to such person at his
					 last known residence or by mailing the notice to the person to be served at his
					 actual place of business certified mail, return receipt requested. When an
					 application is made under the provisions of subdivision 11 of section 75  of the
					 Public Lands Law, an affidavit is required showing that a copy of the notice of
					 application was served at least 20 days before date of the application on the
					 owners of the land, if any, inshore of the land applied for, to and including
					 the high water line. If such latter requirement is not practicable of
					 performance, such fact will be made known to the Division of Land
					 Utilization.
(d) In all
					 applications for grants of land underwater within the city of New York, an
					 affidavit of service of said notice of application and maps upon the
					 corporation counsel of the city of New York.
(e) In cities having a population of one
					 million or more inhabitants, an affidavit of personal service or by registered
					 or certified mail of the notice of application upon all owners of waterfront
					 land within 300 feet from the side boundaries of the upland of the applicant
					 including the latest complete tax assessment roll to identify such
					 owners.
(f) An affidavit of the
					 applicant stating: that the land is necessary for one or more of the purposes
					 set forth in subdivision 7 of section 75  of the Public Lands Law; that the
					 applicant intends in good faith to use and maintain the land for such purpose;
					 the amount of the assessed value of the upland owned by applicant on the
					 current assessment roll of the city or town in which said land is situated; and
					 the area of said upland including the equalization rate of the municipality and
					 a copy of the applicable section of the tax map.
(g) When the land applied for is situated
					 within the corporate limits of any city or incorporated village, an affidavit
					 of the personal service of a copy of the notice upon the mayor or clerk of the
					 common council of the city or upon the mayor or clerk of the village shall be
					 submitted. If the land applied for is not within the limits of any city or
					 incorporated village, an affidavit of personal service of a copy of the notice
					 upon the supervisor or town clerk of the town in which said land is situated
					 shall be submitted. Such service shall be made at least 20 days before the date
					 of application.
(h) Except in cases
					 where an application is made under the provisions of subdivision 11 of section 75  of the Public Lands Law, a search or an abstract of title of the land of the
					 applicant covering a period of at least 30 years prior to the time of
					 application shall be submitted. Liens and encumbrances, unpaid taxes,
					 restrictive covenants and agreements need not be set forth unless relevant to
					 the chain of title. A full description of such land shall be set forth in the
					 abstract, but need not be repeated. Copies of maps referred to in the
					 description or copies of portions thereof, diagrams, or other information,
					 where any of these are necessary in order that the location or boundaries of
					 the land may be understood, shall be furnished. The abstract shall be certified
					 by a county clerk, title company or attorney. In the event title insurance
					 and/or title certification includes the lands applied for, the requirement of
					 an abstract of title may be waived or modified by the Commissioner of General
					 Services.
(1) Where evidence of record title
					 of the adjacent upland satisfactory to the commissioner cannot be submitted,
					 and where the applicant relies on adverse possession to establish title to said
					 adjacent upland, the claim of title shall be determined by Judgment in an
					 action pursuant to article 15 of the Real Property Actions and Proceedings
					 Law.
(2) When the application is
					 made under the provisions of subdivision 11 of section 75  of the Public Lands
					 Law, an abstract of title to the land applied for is required. The abstract
					 shall begin with the date of the original grant from the People of the State of
					 New York, and shall be in such form and manner as specified by the
					 commissioner.