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Article VII, § 8

16. Lease of camp sites in forest preserve

§ 7-a. (Proposal to add the following new section:) The legislature may authorize the leasing of lots containing not more than two acres of land in the forest preserve for camp and cottage purposes, but such leases shall not be for more than twenty years, shall be let to the highest bidder therefor at the capitol, and the rents shall be available only for the care and extension of the forest pre

serve.

1902. S. No. 389 (Int. 333).

S. J. 165.

§ 8. The Legislature shall not sell, lease or otherwise dispose of the Erie canal, the Oswego canal, the Champlain canal, the Cayuga and Seneca canal, or the Black river canal; but they shall remain the property of the state and under its management forever. The prohibition of lease, sale or other disposition herein contained, shall not apply to the canal known as the Main and Hamburg street canal, situated in the city of Buffalo, and which extends easterly from the westerly line of Main street to the westerly line of Hamburg street. All funds that may be derived from any lease, sale or other disposition of any canal shall be applied to the improvement, superintendence or repair of the remaining portion of the canals.

AMENDMENT SUBMITTED TO THE PEOPLE BUT REJECTED

1. Prohibiting sale of canals, docks, terminals, etc.

§ 8. The legislature shall not sell, lease or otherwise dispose of the Erie canal, the Oswego canal, the Champlain canal, the Cayuga and Seneca canal, [or] the Black River canal[;] or any part of said canals, or any lands, slips, docks, or other structures, basins, harbors, or terminals connected with and appurtenant to said canals hereafter provided, acquired or constructed by the state to aid commerce upon said canals, or upon tide waters, lakes, or canalized waterways, including all that portion of the Erie canal in the city of Buffalo from the guard lock therein to and including Commercial slip and the slips leading from the canal to the Erie basin, but they shall remain the property of the state and under its management forever. The word "canal," as used herein, includes slips, harbors and the canals as constructed and improved under and pursuant to chapter one hundred and forty-seven of the laws of nineteen hundred and three, as heretofore amended, and under

Article VII, § 8

and pursuant to chapter three hundred and ninety-one of the laws of nineteen hundred and nine. No part of any of the said canals nor of said lands, slips, docks, or other structures, basins, harbors or terminals, shall be abandoned, until the same shall have ceased to be a portion thereof and shall have been declared abandoned by an act of the legislature, based upon a certificate of the canal board, that it is no longer a portion thereof. All funds that may be derived from any lease, sale or other disposition of any canal not above mentioned, or of any part of the canals, lands, slips, docks, or other structures, basins, harbors or terminals, which shall have ceased to be a portion thereof and declared abandoned, as above provided, shall be applied to the improvement, superintendence or repair of the remaining canals. [The prohibition of lease, sale or other disposition herein contained, shall not apply to the canal known as the Main and Hamburg street canal, situated in the city of Buffalo, and which extends easterly from the westerly line of Main street to the westerly line of Hamburg street. All funds that may be derived from any such* lease, sale or other disposition of any canal shall be applied to the improvement, superintendence or repair of the remaining portions of the canals.]

1910. S. No. 1567 (Int. 1128). To A. Amended, A. No. 2669. To Sec. of State.

1911.

S. J. 1211, 1290, 1468, 1554, 1643, 1975, 2017, 2018.

A. J. 3187, 3267, 3276, 3605, 3612, 3630, 3681, 3682.

S. No. 190 (Int. 186). To Sec. of State.

S. J. 77, 1299, 1754, 1892, 2428.

A. J. 3361, 3928, 3934, 3969.

Rejected Nov. 7, 1911.

Vote: for, 282,893; against, 324,465.

AMENDMENTS PROPOSED BUT NOT SUBMITTED TO THE PEOPLE 1. Disposal of canals to United States

88. The legislature shall not sell, lease or otherwise dispose of the Erie canal, the Oswego canal, the Champlain canal, the Cayuga and Seneca canal, or the Black River canal; but they shall remain the property of the State and under its management forever. The prohibition of lease, sale or other disposition herein contained, shall not apply to the canal known as the Main and Hamburg Street canal, situated in the city of Buffalo, and which extends easterly from the westerly line of Main street to the westerly line of Hamburg street; nor shall such prohibition apply to the sale, lease or other disposition of said canals, or either of them to the United

* Word "such" not in original constitution.

Article VII, § 8

States upon such terms as may be mutually agreed upon, and upon the express condition that the United States shall improve, maintain and operate the same as a free public waterway, and, in case of failure by the United States so to do, that the said canals, or either of them, together with all improvements made thereon, shall revert to and again become the property of the state of New York. All funds that may be derived from any lease, sale or other disposition of any canal shall be applied to the improvement, superintendence or repair of the remaining portion of the canals.

1898. S. No. 913 (Int. 111). (Same as A. No. 1848.)

1900.

S. J. 62, 174, 664, 939,
A. No. 1848 (Int. 304).
A. J. 120, 2042, 2252.
A. No. 1796 (Int. 1391).
A. J. 1420.

1010, 1011, 1017, 1078, 1194, 1240.
(Same as S. No. 913.)

2. Sale or other disposition of canals

§ 8. [The legislature shall not sell, lease or otherwise dispose of the Erie canal, the Oswego canal, the Champlain canal, the Cayuga and Seneca canal, or the Black river canal; but they shall remain the property of the state and under its management forever. The prohibition of lease, sale or other disposition herein. contained, shall not apply to the canal known as the Main and Hamburg street canal, situated in the city of Buffalo, and which extends easterly from the westerly line of Main street to the westerly line of Hamburg street. All funds that may be derived from any lease, sale or other disposition of any canal shall be applied to the improvement, superintendence or repair of the remaining portion of the canals.] The legislature may provide by law for the sale or other disposition of the Erie canal, the Oswego canal, the Champlain canal, the Cayuga and Seneca canal and the Black river canal, and of all the rights, easements, appurtenances and other property belonging to the state, connected with the use of such canals.

1901. A. No. 50 (Int. 50).

A. J. 69.

3. Abandonment of canals and construction of railroad along beds or banks

§ 8. (Proposal to add the following:) But nothing contained in this section shall prohibit the abandonment of the Erie canal, and the construction by the state of a steam surface railroad, along the banks and in the bed of such canal. The legislature shall provide by law for the construction of such railroad, consisting of not

Article VII, § 8

less than four tracks, and for the lease thereof to the person or corporation who shall agree to transport freight at the lowest rate for each ton or for each one hundred pounds from the city of Buffalo to the city of New York and to and from the intermediate points along such railroad.

1903. A. No. 363 (Int. 351).

A. J. 133.

(For the remainder of this resolution, see proposed amendments to §§ 9 and 10 of this article, p. 190.)

§ 8. The legislature shall not sell, lease or otherwise dispose of the Erie canal, the Oswego canal, the Champlain canal, the Cayuga and Seneca canal, or the Black River canal; but they shall remain the property of the state and under its management forever. The prohibition of lease, sale or other disposition herein contained, shall not apply to the canal known as the Main and Hamburg street canal, situated in the city of Buffalo, and which extends easterly from the westerly line of Main street to the westerly line of Hamburg street. All funds that may be derived from any lease, sale or other disposition of any canal shall be applied to the improvement, superintendence or repair of the remaining portions of the canals.] The legislature is hereby authorized to abandon the canals for the purposes of water navigation and to provide for the construction of one or more railway tracks at state expense, exclusively for freight, upon or substantially along the bed of such canals, to be equipped, maintained and operated or leased under such regulations as the legislature may provide.

1902. A. No.

ever.

A. J. 2936.*

(Int.

§ 8. [The legislature shall not sell, lease or otherwise dispose of the Erie canal, the Oswego canal, the Champlain canal, the Cayuga and Seneca canal, or the Black river canal; but they shall remain the property of the state and under its management forThe prohibition of lease, sale or other disposition herein contained, shall not apply to the canal known as the Main and Hamburg street canal, situated in the city of Buffalo, and which extends easterly from the westerly line of Main street to the westerly line of Hamburg street. All funds that may be derived from any lease, sale or other disposition of any canal shall be

* This proposed amendment was apparently never printed.

Article VII, § 8

applied to the improvement, superintendence or repair of the remaining portion of the canals.] The legislature may declare abandoned such portion or portions of the canals as it deems advisable, and may provide for the construction, equipment and operation of a railroad for the transportation of freight upon the route of any canal or portion thereof so abandoned. Such railroad may be constructed and operated by the state, or the legislature may grant the privilege of constructing and operating such railroad to any person or corporation, subject to such restrictions as the legislature may determine, or the legislature may provide that such railroad shall be constructed by the state and may lease the privilege of equipping and operating such railroad to any person or corporation, subject to like restrictions.

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4. Disposition of Black river canal north of Boonville

§ 8. The legislature shall not sell, lease or otherwise dispose of the Erie canal, the Oswego canal, the Champlain canal, the Cayuga and Seneca canal, or that portion of the Black river canal south of the northern boundary line of the village of Boonville; but they shall remain the property of the state and under its management forever. The prohibition of lease, sale or other disposition herein contained, shall not apply to the canal known as the Main and Hamburg street canal, situated in the city of Buffalo, and which extends easterly from the westerly line of Main street to the westerly line of Hamburg street, nor to that portion of the Black river canal north of the northern boundary line of the village of Boonville. The canal board may, in its discretion, declare abandoned such portion or portions of the said Black river canal, north of the northern boundary line of the village of Boonville, as it may deem advisable. All funds that may be derived from any lease, sale or other disposition of any canal shall be applied to the improvement, superintendence or repair of the remaining portion of the canals.

1906. S. No. 561 (Int. 493). S. J. 282.

(Same as A. No. 1027.)

A. No. 1027 (Int. 862). (Same as S. No. 561.)

§ 8. The legislature shall not sell, lease or otherwise dispose of the Erie canal, the Oswego canal, the Champlain canal, the Cayuga and Seneca canal, or that portion of the Black River canal

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