Allegany State Park Law 79 



of this chapter, such owner may, within two years after the service 

 of such notice and papers, present to the court of claims a claim for 

 the value of such land and legal damages ; and said court shall have 

 jurisdiction to hear and determine such claim and render judgment 

 thereon. 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 by such judgment, with 

 interest from the date of the judgment until the thirtieth day after 

 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 appro- 

 priation thereof and take testimony in relation thereto in the county 

 where such property or a part thereof is situated. 



9. Oil, gas, mineral and lumber rights may be excepted. The 

 commission may except from the purchase of any lands or waters 

 taken under this article, any oil, gas, lumber or mineral rights thereon, 

 with the right of access thereto, which exception must be stated in 

 the description filed in the office of the secretary of state and in 

 the notice served on the owner, as provided by this section. 



v Nothing in this section shall prevent the subsequent appropria- 

 tion by the commission of any rights so excepted. 



10. Adjustment of claims for trespass or other injuries. In 

 cases of trespasses or other injuries to lands or property purchased 

 or acquired by the state, the commission may settle and adjust any 

 claims for damages due to the state on account of any such trespasses 

 or other injuries to property or interests of the state, or penalties 

 incurred by reason of such trespasses or otherwise, and the amount 

 of such damages or penalties so adjusted shall be deducted from 

 the original compensation agreed to be paid for the land, or for 

 damages, or from a judgment rendered by the court of claims on 

 account of the appropriation of such land. A judgment recovered 

 by the state for such a trespass or for a penalty shall likewise be 

 deducted from the amount of such compensation or judgment. 



11. Judgments. When a judgment for damages is rendered for 

 the appropriation of any lands or waters for the purposes specified 

 in this article, and it appears that there is any lien or incumbrance 

 upon the property so appropriated, the amount of such lien shall be 

 stated in the judgment, and the comptroller may deposit the amount 

 awarded to the claimant in any bank in which moneys belonging 

 to the state may be deposited, to the account of such judgment, to 



