§ 704. Consent of state. 1. The state of New York hereby authorizes the commissioner of general services to consent, in his discretion, to the use and occupation by the authority of any unappropriated lands of the state of New York including the land under the waters of the Saint Lawrence river, necessary for the construction and operation of the bridge and approach roads herein authorized upon such terms and conditions as such commissioner may deem appropriate.

Terms Used In N.Y. Public Authorities Law 704

  • authority: shall mean the corporation created by section seven hundred two of this chapter. See N.Y. Public Authorities Law 701
  • bridge: shall include approaches and all construction necessary to give access to the bridge from connecting roads, toll houses, toll booths and such facilities as may be necessary to the collection of tolls, buildings and structures necessary for the housing of customs and immigration officials and such other buildings and appurtenances necessary to the operation of the bridge as an international toll bridge. See N.Y. Public Authorities Law 701
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.

2. The state hereby further authorizes the commissioner of general services, with the consent of the commissioner of mental hygiene and approval of the director of the budget, to grant to the authority a portion of the lands of the Saint Lawrence state hospital located in the county of Saint Lawrence, upon such terms and conditions, including consideration, as such commissioner may determine. The portion of such lands of such hospital herein authorized to be granted shall be taken from the westerly end of the hospital property on the northerly side of Proctor avenue and to be bounded on the south by the northerly line of Proctor avenue, on the north and northwest by the high water line of the Saint Lawrence river, on the west by the westerly boundary line of said hospital property and on the east by a line running from the northerly line of Proctor avenue northerly to the high water line of the Saint Lawrence river so as to contain within said bounds approximately seventy-five acres of land together with a triangular parcel of land between Proctor avenue and the northerly line of arterial route thirty-seven, bounded on the west by a westerly boundary line of said hospital grounds, on the south and east by the northerly boundary of arterial route thirty-seven, and on the north by the south side of Proctor avenue, excepting therefrom any and all lands taken and devoted to highway purposes of the state of New York. The department of transportation shall make an accurate survey of the parcels so to be granted and the grants to the authority may describe the land according to such surveys. The commissioner of general services in determining the amount of the consideration for such grants shall take into account the obsolescence of the improvements on the land conveyed, the cost to the authority, as estimated by the commissioner of transportation, of demolition of such facilities as are considered obsolete, and providing such improvement to the Saint Lawrence state hospital property as the commissioner of mental hygiene with the approval of the director of the budget, deems necessary in consequence of the grants herein authorized and such grants shall contain appropriate conditions to ensure the providing of such improvements by the authority at its cost and expense. Actual payment of the consideration for the grants, as determined by the commissioner of general services, shall not be required as a condition precedent to the grants, but the amount thereof shall be certified by the commissioner to the state comptroller and shall be deemed an advance to the authority by the state to be repaid in the same manner as provided in section seven hundred fifteen of this article for repayment of appropriations made by the state to the authority.