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Article VII, § 7

more than two hundred and fifty feet of shore line on any lake or river shall be leased to any one lessee nor shall more than onehalf of such shore line nor more than one-half of any island be leased. Leases shall not be made for a longer period than twenty years. They shall be sold to the highest bidder and shall not grant any exclusive hunting or fishing privilege nor permit the inclosure of lands with a fence nor contain any restriction of the right of the public to cross the premises. Between each two camp sites there shall be at least two hundred and fifty feet of shore line which shall not be leased.

All funds derived from the sale of timber or other produce or from leases of state lands shall be applied to the purchase of forest lands within the boundaries of the Adirondack park, the expense of tree planting and reforesting, and of carrying out the plans approved hereunder by the commission having charge of the forest

preserve.

The legislature may authorize the sale of state lands outside of the Adirondack park and adjacent thereto, and the application of the proceeds of such sale to the purchase of lands within the Adirondack park.

Laws shall be made to provide for the carrying into effect of this section.

1902. A. No. 1276 (Int. 574).

A. J. 329, 1046, 1175, 1306, 1470.

5. Sale of lands and removal of dead timber in forest preserve

§ 7. The lands of the state, now owned or hereafter acquired, constituting the forest preserve as now fixed by law, shall be forever kept as wild forest lands, except as hereinafter provided. They shall not be leased, sold or exchanged, or be taken by any corporation, public or private, nor shall the timber thereon be sold, removed or destroyed. The legislature may authorize the removal of dead timber on burned areas so far as necessary for reforestration, through officers and employees of the state, but not by contract. The legislature may also authorize the sale of lands outside of the limits of the Adirondack park and the Catskill park as such parks are now established by law. The proceeds of such sales shall be set apart in a separate fund and used only for the purchase of lands in such parks. A violation of this section may be restrained at the suit of the people or with the con

Article VII, § 7

sent of the supreme court on notice to the attorney-general at the suit of any citizen of the state.

1904. S. No. 1013 (Int. 783). To Sec. of State.

S. J. 718, 797, 879, 906, 1054, 1691.

A. J. 2419, 2483.

6. Sale, lease or exchange of lands in and cutting of timber on forest preserve in Lewis county

§ 7. Except as provided in this section, the [The] lands of the state, now owned or hereafter acquired, constituting the forest preserve as now fixed by law, shall be forever kept as wild forest lands. Except as provided in this section, they [They] shall not be leased, sold or exchanged, or be taken by any corporation, public or private, nor shall the timber thereon be sold, removed or destroyed. The legislature may provide by law for the sale, lease or exchange of lands in the county of Lewis, constituting a part of the forest preserve, or may authorize the cutting and removal of timber thereon to an extent which will not impair their character as wild forest lands.

1901. A. No. 755 (Int. 680).

A. J. 389, 921, 969, 1018.

7. Sale and removal of soft woods and building of roads in forest preserve

§ 7. The lands of the state, now owned or hereafter acquired, constituting the forest preserve as now fixed by law, shall be forever kept as wild forest lands. Except as authorized by this article, they [They] shall not be leased, sold or exchanged, or be taken by any corporation, public or private, nor shall the timber thereon be sold, removed or destroyed. The legislature may authorize the sale and removal of hemlock, spruce, pine, balsam or other soft woods if more than ten inches in diameter three feet from the ground. The proceeds of such sales shall be set apart in a separate fund known as the forest preserve fund, and shall be used only to care for and extend the forest of the state in the forest preserve. Roads may be built in the forest preserve, but franchises shall not be granted for railroads or street surface railroads upon or across any part of the forest preserve, nor shall such railroads be maintained.

1902. S. No. 1163 (Int. 159). To A. Recalled to S.

S. J. 54, 436, 686, 741, 846, 848, 985, 1006, 1019, 1220, 1419.
A. J. 1489, 1746.

Article VII, § 7

8. Removal of dead, burned or fallen timber in forest preserve

§ 7. The lands of the state, now owned or hereafter acquired, constituting the forest preserve as now fixed by law, shall be forever kept as wild forest lands. They shall not be leased, sold or exchanged, or be taken by any corporation, public or private, nor, except as provided herein, shall the timber thereon be sold, removed or destroyed. The legislature, however, may provide for the removal and sale of fallen, dead and burned timber on lands constituting the forest preserve, under the supervision of the forest, fish and game commission.

1909. A. No. 1617 (Int. 637). To S. Amended, S. No. 1546. Το Sec. of State.

A. J. 360, 898, 980, 1014, 1161, 1245, 2622, 2738.
S. J. 689, 988, 1155, 1252, 1407, 1436, 1557, 1561, 1571.

9. Exception of certain parts of forest preserve from preservation as wild forest lands removal of dead, burned and fallen timber

§ 7. The lands of the state, now owned or hereafter acquired, constituting the forest preserve as now fixed by law, excepting isolated tracts of lands within the counties containing any portion of the Adirondack park and not included within the limits of such park as now constituted, shall be forever kept as wild forest lands. They shall not be leased, sold or exchanged, or be taken by any corporation, public or private, nor shall the timber [thereon] on any such lands be sold, removed or destroyed, except that dead, burned or fallen timber on such lands may be sold and removed in the manner prescribed by the legislature.

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10. Use of St. Lawrence river and forest preserve for water storage and power development

§ 7. (Proposal to add the following:) But this section shall not prevent the use of the waters of the Saint Lawrence river for canals, municipal purposes and hydraulic developments on, over or through such lands by the state, or under privileges granted in accordance with this constitution; and the legislature may provide by general laws for the construction and maintenance of reservoirs by the state, on so much of such lands as may be necessary, whenever the storage of water is necessary for municipal water supply, for the canals of the state, or to regulate the flow of streams. No reservoir shall be erected under any such law until after public notice, hearing and determination in the

Article VII, § 7

manner to be provided by law, by which it shall appear that such lands are required for such public use. Where property of the state is used for such reservoirs, the value of its use shall be a charge upon any private property or municipality directly benefited, and in proportion to the benefits received as nearly as same can be ascertained. Such value shall be paid into the state treasury in annual returns and be readjustable at the end of every tenyear period at the instance of the state, or of the owners of the property or municipality benefited. Any violation of the prohibitions of this section may be restrained at the suit of the people, or with consent of the supreme court in appellate division, on notice to the attorney-general, at the suit of a citizen.

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11. Use of forest preserve for conservation and utilization of water

§ 7. (Proposal to add the following:) Such lands may, however, be used by the state for the development of sources, conservation or utilization of water or regulation of its flow.

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12. Use of forest preserve for water storage or forestation

§ 7. (Proposal to add the following:) Such lands may, however be used by the state for the construction and maintenance of water storage reservoirs for the development or conservation or utilization of water or regulation of its flow, or for the purposes of forestation.

1912. S. No. 1271 (Int. 344).

S. J. 92, 661.

13. Use of forest preserve lands for erection of state tuberculosis sanitarium

§ 7. Except as herein provided, the [The] lands of the state now owned or hereafter acquired constituting the forest preserve, as now fixed by law, shall be forever kept as wild forest lands. They shall not be leased, sold or exchanged, or [be] taken by any corporation, public or private, nor shall the timber thereon be sold, removed or destroyed. The legislature may set apart a tract of

Article VII, § 7a

land of the state not to exceed in area one thousand acres for the erection and maintenance thereon of a state hospital or sanitarium for the treatment and care of persons afflicted with pulmonary tuberculosis.

1911. A. No. 338 (Int. 337). A. J. 160.

14. Restriction on disposal of water and water rights

§ 7-a. (Proposal to add the following new section:) The people of this state in their right of sovereignty do possess the original and ultimate property of the waters in and to all rivers, lakes, streams and tributaries within the state of New York, and it shall remain the property of the state and under its management forever.

§ 2. The state shall not lease or otherwise dispose of the waters of any river, lake, stream or tributary for water power for a period of more than ten years, except that the state may lease, contract or otherwise dispose of the waters of the rivers, lakes, streams and tributaries for the purpose of supplying water to the inhabitants of the state of New York.

1909. A. No. 418 (Int. 404).

A. J. 224.

15. Removal of mature, dead or fallen timber - lease of camp sites - construction of roads or trails - sale of lands outside Adirondack or Catskill parks

§ 7-a. (Proposal to add the following new section:) The prohibition of section seven shall not prevent the cutting or removal of mature, dead or fallen timber or trees detrimental to forest growth, on lands constituting the forest preserve, nor the leasing of camp sites and the construction of roads and trails necessary for protection against fire, and for ingress and egress. The legislature may authorize the sale of lands outside the limits of the Adirondack park and the Catskill park as such parks are now established by law. The proceeds of such sales of lands shall be set apart in a separate fund and used only for the purchase of lands or for reforestation in such parks.

1913. A. No. 2765 (Int. 1425). (Substituted for S. No. 2455.) To Sec.

of State.

A. J. 724, 2801, 2811, 3069, 3224, 3605.

S. No. 2455 (Int. 1814). (A. No. 2765 substituted.)

S. J. 1979, 2012, 2013.

S. J. 1738, 1855, 1979.

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