ny constitution fresh squeezed 96
Provisions

VII.7 proposed for 1924 • Forest preserve.

REJECTED

The Text

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. Nothing in this section shall prevent the state from constructing a highway from Saranac lake in Franklin county to Long lake in Hamilton county and thence to Old Forge in Herkimer county by way of Blue Mountain Lake and Raquette lake.
The legislature may by general laws provide for the use of such lands for the construction and maintenance of reservoirs for municipal water supply, for the canals of the state and to regulate the flow of streams. Such reservoirs shall be constructed, owned and controlled by the state, but such work shall not be undertaken until after the boundaries and high flow lines thereof shall have been accurately surveyed and fixed, and after public notice, hearing and determination that such lands are required for such public use. The expense of any such improvements shall be apportioned on the public and private property and municipalities benefited to the extent of the benefits received. Any such reservoir shall always be operated by the state and the legislature shall provide for a charge upon the property and municipalities benefited for a reasonable return to the State upon the value of the property of the state used and the services expenses of the state incurred in the operation of said reservoirs, which shall be fixed for terms of not exceeding ten years and be readjustable at the end of any term. The legislature may also provide by general laws for the use of such lands for the development of water power for the public benefit, and for the construction, maintenance and operation thereof of ponds, structures, conduits and appurtenances necessary for that purpose, but such work shall not be undertaken until after the boundaries and high flow lines thereof shall have been accurately surveyed and fixed, and after public notice, hearing and determination that such lands are required for such public use. Such power shall not be used for manufacturing or business purposes on state lands within the forest preserve. Such development may be by the state, or by a lessee of the state, under a lease for a term not exceeding fifty years to be secured pursuant to law on such terms as will best protect the public interest, and transmission lines may also be constructed, maintained and operated on such lands by the state, or by such a lessee of the state, on like terms. Such works shall not be constructed or operated except under state supervision and regulation. Such lands may be used when authorized by law for the relocation of existing highways destroyed or made non-usable by the construction of such storage reservoirs or such water power development. Nor more than three percentum of the forest preserve shall be used for all the purposes provided for by law under this section. Unsanitary conditions shall not be created or continued by any such public works. A violation of any of the provisions of this section may be restrained at the suit of the people or, with the consent of the supreme court in appellate division, on notice to the attorney-general at the suit of any citizen.


A Few Facts

• Has 570 words

• Was proposed by the Legislature

• Went to NYS voters as proposed amendment 3 of 1923

If New Yorkers voted to approve this provision, it would have:

• Joined the Constitution in 1924

• Been in Article VII: State Finance; Forest Preserve; Canals

• Changed the text of a previously existing provision

• Amended or built on:
1919-VII.7


Credits

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