ny constitution fresh squeezed 96
Provisions

VII.7 proposed for 1933 • 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, and nothing shall prevent the state from constructing a state highway in Essex county from Wilmington to the top of Whiteface mountain.
The legislature may by general laws provide for the use of not exceeding three per centum 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 rights and property of the state used and the services of the state rendered, which shall be fixed for terms of not exceeding ten years and be readjustable at the end of any term.
Nothing contained in this section shall be construed to prevent the enactment by the legislature of separate laws, each applying to a single project, providing, at the expense of the state, for the construction within the forest preserve of such recreational facilities as are not inconsistent with the general wild forest character of the forest preserve, and the making of necessary clearings of timber therefor. Such facilities shall be maintained for the benefit of all the people, without discrimination, and by a public authority and not by a lessee, or contractor, and with the public moneys of the state, a county or a town, or of two or more of them; but the latter restriction shall not prevent the collection of reasonable charges for the facilities afforded, to be applied solely to operating expenses, maintenance and repairs. Nor shall anything contained in this section be construed to prevent any measures necessary to protect the forest preserve against fire, nor to prohibit the making and maintenance of paths, trails, camp-sites and camping facilities designed to render the forest preserve more accessible and useful to the public, including the necessary clearings of timber therefor, nor to prevent the widening, straightening or improvement of existing public roads in the forest preserve.
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 566 words

• Was proposed by the Legislature

• Went to NYS voters as proposed amendment 1 of 1932

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

• Joined the Constitution in 1933

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

• Changed the text of a previously existing provision

• Amended or built on:
1928-VII.7


Credits

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