Annual Report

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Page 53 - Upon filing in the office of said commission, and in the office of the comptroller, a certified copy of the judgment of the court of claims, and a certificate of the attorney-general that no appeal from such judgment has been, or will be taken, by the state, or if an appeal has been taken, a certified copy of the final judgment of the appellate court affirming in whole or in part the judgment of the court of claims, the comptroller shall issue his warrant for the payment of the amount due the claimant...
Page 60 - AN ACT to amend chapter two hundred and twenty of the laws of eighteen hundred and ninety-seven, entitled "An act to provide for the acquisition of land in the territory embraced in the Adirondack park, and making an appropriation therefor.
Page 55 - The forest preserve board is satisfied that no trespass on state lands has been committed by such owner or his assigns or representatives; that no timber or other property of the state not so reserved has been taken, removed, destroyed or injured by him or them, and that a cause of action in behalf of the state does not exist against him or them for any alleged trespass or other injury to the property or interests of the state; and 4.
Page 56 - If timber be reserved, its value at the time of making an agreement between the owner and the forest preserve board for the value of the land so appropriated and the damages caused thereby, or at the time of the presentation to the court of claims of a claim for such value and damages, shall be taken into consideration in determining the compensation to be awarded to the owner on account of such appropriation either by such agreement or by the Judgment rendered upon such a claim.
Page 62 - AN" ACT to amend chapter two hundred and twenty of the laws of eighteen hundred and ninety-seven, entitled " An act to provide for the acquisition of land in the territory embraced in the Adirondack park, and making an appropriation therefor.
Page 62 - The reservation of timber and the manner of exercising and consummating such right are subject to the following restrictions, limitations and conditions : 1. The reservation does not include or affect timber within twenty rods of a lake, pond or river and such timber can not be reserved.
Page 62 - The timber reserved must be removed from the land within fifteen years after the service of notice of reservation or the making of an agreement subject to the regulations to be prescribed by the forest preserve board; but such land shall not be cut over more than once, and the said board may prescribe regulations for the purpose of enforcing this limitation. All timber reserved and not removed from the land within such time shall thereupon become and be the property of the state, and all the title...
Page 63 - Provided, however, that said board may at any time by its certificate filed with the comptroller direct the payment to the owner of such land, his legal representatives or assigns, of the compensation therefor, or a part thereof, at such time, and upon such conditions as may be set forth in the certificate.
Page 57 - ... exceeds the offer, the claimant is entitled to costs and disbursements as in an action in the supreme court, which shall be allowed and taxed by the court of claims and included in its judgment. If in such a case the recovery in the court of claims does not exceed the offer, costs and disbursements to be taxed shall be awarded in favor of the state against the claimant and deducted from the amount awarded to him, or if no amount is awarded judgment shall be entered in favor of the state against...
Page 61 - ... the entry of such final judgment, and such amount shall be paid by the treasurer. 8. Court of claims to examine property. The court of claims, if requested by the claimant or the attorney-general, shall examine the real property affected by the claim of damages for the appropriation thereof and take testimony in relation thereto in the county where such property or a part thereof is situated.

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