N.Y. State Law 50-A – Fire Island National Seashore
§ 50-a. Fire Island National Seashore. 1. To assist the conservation and preservation of the natural features of Fire Island and environs and to authorize the acquisition by the United States of America of lands necessary for the establishment by the Secretary of the Interior pursuant to public law 88-587 (78 Stat. 928) of Fire Island National Seashore in the county of Suffolk, state of New York, the consent of the state of New York is hereby given to the United States of America, to acquire by purchase, exchange, donation, condemnation or otherwise any tract, piece or parcel of land (including lands under water which include all lands seaward of the mean high water line), within the boundaries of the Fire Island National Seashore as delineated on boundary map OGP-0003 entitled "Map of Fire Island National Seashore including the William Floyd Estate" (on file with the Federal Register and in the office of the Department of Interior of the United States), from the state of New York, the county of Suffolk, any city, town or village within said county and from any individual or individuals or bodies politic or corporate.
Terms Used In N.Y. State Law 50-A
- Grantor: The person who establishes a trust and places property into it.
- 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.
- Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
2. The commissioner of general services may authorize the use and occupation by the United States of America of lands of the state under water, said lands including all lands seaward of the mean high water line within the boundaries of the Fire Island National Seashore as delineated on boundary map OGP–0003 entitled "Map of Fire Island National Seashore including the William Floyd Estate". The instrument by which the authority to use and occupy said lands may be given by the commissioner of general services to the United States of America shall also include a cession of jurisdiction over the lands therein described; and such cession of jurisdiction shall be upon the express condition that the state of New York shall retain jurisdiction over said lands so far as that all civil and criminal process which may issue under the laws or authority of the state of New York may be executed thereon in the same way and manner as if such jurisdiction had not been ceded to the United States of America. Such instrument, by which the commissioner of general services may authorize the use and occupation by the United States of America of said lands and the cession of jurisdiction thereover, shall be subject to any and all rights of any person or body politic or corporate acquired by prior grant or held by reason of the ownership of any uplands adjacent to any part of the lands under water herein referred to.
3. The commissioner of general services, after the United States of America has become the owner of any waterfront property within the boundaries of the Fire Island National Seashore referred to above, is hereby authorized to execute and deliver to the Secretary of the Interior of the United States of America with or without consideration, appropriate instruments of conveyance quitclaiming to the United States of America all of the right, title and interest, if any, of the state of New York in and to all of the lands under water as above defined, situate within the boundaries of said Fire Island National Seashore. Any such instrument of conveyance shall include a cession of jurisdiction in confirmation of the cession of jurisdiction provided for in subdivision two of this section and in form similar thereto.
4. Any conveyance of lands to the United States of America by the county of Suffolk, or any city, town or village or bodies politic or corporate may be made at private sale and with or without consideration notwithstanding any inconsistent provision of any law, general or special, or any charter. Upon the conveyance to the United States of America by the county of Suffolk, or by any city, town or village or body politic or corporate or by any private grantor of any lands within the boundaries of said Fire Island National Seashore the commissioner of general services is also authorized to cede to the United States of America jurisdiction thereover expressly retaining jurisdiction of the state of New York over said lands so far as that all civil and criminal process, which may issue under the laws or authority of the state of New York, may be executed thereon in the same way and manner as if such jurisdiction had not been ceded to the United States of America.
5. Each conveyance of lands or the use and occupation of lands to the United States of America made pursuant to the provisions of this section shall further expressly provide that at such time as the United States of America shall cease to use the lands for said Fire Island National Seashore such jurisdiction as may have been ceded by the state of New York to the United States of America for the purposes of said Fire Island National Seashore pursuant to this section shall cease, determine and become void; and all of the right, title and interest of the United States of America
(a) with respect to such lands granted to the United States of America by the state of New York shall revert to and vest in the state of New York;
(b) with respect to lands granted to the United States of America by any city, town or village or body politic or corporate, shall revert to such city, town or village or body politic or corporate.