N.Y. Highway Law 31 – Exchange of reservation lands of the Seneca Nation of Indians
§ 31. Exchange of reservation lands of the Seneca Nation of Indians. 1. Notwithstanding any other provision of law, the Seneca Nation of Indians which owns and occupies reservation lands or any real property interest therein as the common property of the Seneca Nation may, by the act of the Seneca Council and, if required by federal statute or treaty, with the approval of appropriate federal officials, grant and convey any such lands or real property interest therein to the state for the construction of Route 17 (Southern Tier Expressway) upon such terms and conditions as the Seneca Council shall deem to be just and reasonable. The terms lands and real property interest therein as used in this section shall include lands, waters, rights in lands or waters, structures, franchises and interests in land, including lands under water and riparian rights, and any and all other things and rights usually included within the said terms and includes also any and all interests in such land and property less than full title, such as permanent or temporary easements, right-of-way uses, leases, licenses and all other incorporeal hereditaments, and every estate, interest or right, legal or equitable.
Terms Used In N.Y. Highway Law 31
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Statute: A law passed by a legislature.
2. Notwithstanding the provisions of any other law, the commissioner of transportation is hereby authorized, where such property is identified and requested by the Seneca Nation, to acquire property outside the Seneca reservations, in the same manner as other property is acquired for state highway purposes pursuant to this chapter or to use property under the jurisdiction of the department of transportation, to be exchanged in whole or in part on terms beneficial to the state for Seneca reservation lands or real property interests therein acquired or to be acquired from the Seneca Nation for the construction of Route 17 (Southern Tier Expressway). In order to effect any such exchange the commissioner of transportation is hereby authorized to execute and deliver, in the name of the people of the state, a quitclaim of, or a grant in and to, such property, to the Seneca Nation involved to hold for the benefit of the Nation. Each such instrument of conveyance shall be prepared by the attorney general and, before delivery thereof, shall be approved by him as to form and manner of execution.
3. Any propery granted and conveyed to the Seneca Nation of Indians in exchange for reservation lands or interests in real property pursuant to the provisions of this section shall thereafter be Indian reservation lands, enjoying all the rights and privileges and subject to all the limitations which now or hereafter shall inhere in Indian reservation lands under law.