FORESTRY LEGISLATION IN NEW YORK. 175 



shall receive their actual and necessary expenses, to be audited by the comptroller. The board may employ such 

 clerical and other assistants as it may deem necessary. The forest preserve board annually in the month of January 

 shall make a written report to the governor showing in detail all its transactions under this act during the preceding 

 calendar year. 



Sec. 2. It shall be the duty of the forest preserve board, and it is hereby authorized, to acquire for the State, by 

 purchase or otherwise, land, structures, or waters, or such portion thereof in the territory embraced in the Adiron- 

 dack Park, as defined and limited by the fisheries, game, and forest law, as it may deem advisable for the interests of 

 the State. 



Sec. 3. The forest preserve board may enter on and take possession of any land, structures, and waters in the 

 territory embraced in the Adirondack Park, the appropriation of which in its judgment shall be necessaiy for the 

 purposes specified in section two hundred and ninety of the fisheries, game, and forest law, and in section seven of 

 article seven of the constitution. 



Sec. 4. Upon the request of the forest preserve board an accurate description of such lands so to be appro- 

 priated shall be made by the State engineer and surveyor, or the superintendent of the State land survey, and 

 certified by him to be correct, and such board or a majority thereof shall indorse on such description a certificate 

 stating that the lands described therein have been appropriated by the State for the purpose of making them a part 

 of the Adirondack Park; and such description and certificate shall be filed in the office of the secretary of state. 

 The forest preserve board shall thereupon servo on the owner of any real property so appropriated a notice of the 

 filing and the date of filing of such description containing a general description of the real property belonging 

 to such owner which has been so appropriated; and from the time of such service the entry upon and appropriation 

 by the State of the real property described in such notice for the uses and purposes above specified shall be deemed 

 complete, and thereupon such property shall be deemed and bo the property of the State. Such notice shall be 

 conclusive evidence of an entry and appropriation by the State. The foiest preserve board may cause duplicates of 

 such notice with an affidavit of due service thereof on such owner to be recorded in the books used for recording 

 deeds in the office of the clerk of any county of this State where any of the property described therein may be 

 situated, and the record of such notice and such proof of service shall be evidence of the due service thereof. 



Sec. 5. Claims for the value of the property taken and for damages caused by any such appropriation may be 

 adjusted by the forest preserve board if the amount thereof can be agreed upon with the owners of the land appro- 

 priated. The board may enter into an agreement with the owner of any land so taken and appropriated for the 

 value thereof and for any damages resulting from such appropriation. Upon making such agreement the board 

 shall deliver to the owner a certificate stating the amount due to him on account of such appropriation of his lands, 

 and a duplicate of such certificate shall also be delivered to the comptroller. The amount so fixed shall be paid "by 

 the treasurer upon the warrant of the comptroller. 



Sec. 6. If the forest preserve board is unable to agree with the owner for the value of the property so taken or 

 appropriated, or on the amount of damages resulting therefrom, such owner, within two years after the service upon 

 him of the notice of appropriation as above specified, may present to the court of claims a claim for the value of 

 such land and for such damages, and the court of claims shall have jurisdiction to hear and determine such claim 

 and render judgment thereon. Upon filing in the office of the comptroller a certified copy of the final 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. 



Sec. 7. The owner of land to be taken under this act may, at his option, within the limitations hereinafter 

 prescribed, reserve the spruce timber thereon ten inches or more in diameter at a height of three feet above the 

 ground. Such option must be exercised within six months after the service upon him of a notice of the 

 appropriation of such land by the forest preserve board, by serving upon such board a written notice that he elects 

 to reserve the spruce timber thereon. If such a notice be not served by the owner within the time above specified, 

 he shall be deemed to have waived his right to such reservation, and such timber shall thereupon become and be 

 the property of the State. In case land is acquired by purchase, the spruce timber and no other may be reserved 

 by agreement between the boaid and the owner, subject to all the provisions of this act in relation to timber 

 reserved after an appropriation of land by the forest preserve board. The presentation of a claim to the court of 

 claims before the service of a notice of reservation shall be deemed a waiver of the right to such reservation. 



Sec. 8. 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. Roads may be cut or built across or through such reserved space of twenty rods, under 

 the supervision of the forest preserve board, for the purpose of removing spruce timber from adjoining land, and 

 the reservation of spruce timber within such space shall be deemed a reservation by the owner, his assignee, or 

 representative, of the right to cut other timber necessary in constructing such road, but such reservation does not 

 confer a right to remove such other timber so cut, or to use it otherwise than in constructing a road. 



2. The timber reserved must be removed from the land within fifteen years after the service of notice of reser- 

 vation, or the making of an agreement subject to 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 



