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division has not been obtained. Upon the abandonment of subdivided property as here in provided such property shall, for all purposes, be regarded as a single tract of land. No abandonment of lot divisions shall be made under this section for the purpose of reviving or making effective any other subdivision of the same tract of land and no map may be reinstated as it was prior to the filing of any abandonment certificate. The fee of the county clerk for such filing and indexing each certificate and abstract therewith shall be ten dollars and shall be paid by the party presenting them for filing. Provided, however, that the Nassau county board of supervisors shall have full authority to abandon any subdivision of property or any portion thereof which the county of Nassau now owns or may hereafter acquire through the sale of tax liens, by causing to be filed with the county clerk of Nassau county, a certificate of abandonment, duly executed by the said county board, without regard to any of the other foregoing requirements of this section. Nothing contained in this section shall be construed to prevent the filing of a new map and certificate of a subdivision of real property in the manner prescribed herein, after, and in the area of, a subdivision or portion thereof abandoned in accordance with the provisions of this section.

S 2. This act shall take effect on the ninetieth day after it shall have become a law.

CHAPTER 678

AN ACT to amend the public authorities law and the general municipal law, in relation to the method of calculation of compensation for certain real property acquired by eminent domain

Became a law July 31, 1992, with the approval of the Governor.
Passed by a majority vote, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Sections 1198-r and 1198-s of the public authorities law are renumbered sections 1198-s and 1198-t and a new section 1198-r is added to read as follows:

§ 1198-r. Acquisition by eminent domain. Notwithstanding any provision of the eminent domain procedure law to the contrary, in any proceeding brought by the authority pursuant to such law, title shall vest in the authority and compensation shall be paid only (a) upon a decision by the supreme court that compensation for the property so condemned shall be determined solely by the income capitalization method of valuation, based on the actual net income as allowed by the public service commission, and (b) upon such court's determination of the amount of such compensation, based upon the income capitalization method, entry of the final judgment, the filing of the final decree, and the conclusion of any appeal or expiration of the time to file an appeal related to the condemnation proceeding. Should any court determine that a method of compensation other than the income capitalization method be utilized, or if the proposed award is more than the rate base of the assets taken in condemnation as utilized by the public service commission in setting rates and as certified by the public service commission, the authority may withdraw the condemnation proceeding without prejudice or costs to any party.

§ 2. The general municipal law is amended by adding a new section 112-a to read as follows:

any

§ 112-a. Certain acquisitions by eminent domain. Notwithstanding any provision of the eminent domain procedure law to the contrary, in proceeding brought pursuant to such law, by any municipal corporation located in the county of Nassau regarding the Jamaica water supply company, title shall vest in the municipal corporation and compensation shall be paid only (a) upon a decision by the supreme court that compensation for the property so condemned shall be determined solely by the income capitalization method of valuation, based on the actual come as allowed by the public service commission, and (b) upon such

net in

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court's determination of the amount of such compensation, based upon the income capitalization method, entry of the final judgment, the filing of the final decree, and the conclusion of any appeal or expiration of the time to file an appeal related to the condemnation proceeding. Should any court determine that a method of compensation other than the income capitalization method be utilized, or if the proposed award is more than the rate base of the assets taken in condemnation as utilized by the public service commission in setting rates and as certified by the public service commission, the municipal corporation may withdraw the condemnation proceeding without prejudice or costs to any party. § 3. This act shall take effect immediately.

CHAPTER 679

AN ACT authorizing the commissioner of general services to sell and convey to the town of Camillus in the county of Onondaga certain lands of the Syracuse State School in such county

Became a law July 31, 1992, with the approval of the Governor.
Passed by a majority vote, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. The commissioner of general services is authorized and empowered to sell and convey to the town of Camillus in Onondaga county, for senior citizen housing purposes and low-income and middle-income, including owner-occupied, housing projects, upon the written consent of the commissioner of mental hygiene, and subject to the approval of the director of the budget, and upon such terms and conditions, including consideration, as the commissioner of general services may fix and determine, the lands described in section five of this act, which lands are now a part of lands of the Syracuse State School in the county of Onondaga.

§ 2. The department of transportation may make an accurate survey and description of said lands, which may be used in the conveyance thereof. § 3. The commissioner of general services shall not grant the aforesaid lands unless application is made therefor within one year after the effective date of this act.

§ 4. Any lands transferred pursuant to this act shall be used exclusively for senior citizen housing purposes and low-income and middleincome, including owner-occupied, housing projects and upon termination of such use title to the lands so transferred shall revert to the state of New York.

5. The lands to be conveyed pursuant to this act, being part of the lands of the Syracuse State School, are generally bounded and described as follows:

Parcel No. 1

All that tract or parcel of land situate in the Town of Camillus, County of Onondaga and State of New York, more particularly bounded and described as follows:

BEGINNING at the crossing of the centers of the roads leading from Belle Isle to Fairmont and from Fairmont to Amboy, thence north twenty two and 3/4 degrees west five chains and thirty eight links (5 38/100 ch.); thence north four and 1/4 degrees east twelve chains (12 ch.); thence north sixteen and 1/2 degrees west eight chains and eighty-four links (8 84/100 ch.); thence north twenty degrees west two chains and ninety links (2 90/100 ch.); thence west thirteen chains and eightythree links (13 83/100 ch. ); thence south twenty-six chains and sixtytwo links (26 62/100 ch.); thence south eighty-five and 1/2 degrees east EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

eighteen chains and sixty-six links (18 66/100 ch.), beginning.

There is excepted from the above described parcel of land the three pieces bounded as described as follows:

Number One, being a part of Lot 23 in Camillus, late Onondaga, bounded and described as follows:

to the place of

BEGINNING at a point in the center of the highway opposite the front of the Fairmount Depot; thence along the center of the highway aforementioned north 81 3/4 degrees west four chains and twenty six links (4 26/100 ch.); thence north 11 degrees east two chains and thirty-five links (2 35/100 ch.); thence south 81 3/4 degrees east four chains and twenty-six links (4 26/100 ch.); thence south 11 degrees west two chains and thirty-five links (2 35/100 ch.) to the place of beginning, containing one acre of land, being the parcel of land conveyed by James Field and Harriet Field, his wife, to Darrvin Harvey by warranty deed recorded April 9, 1873.

Two, part of the aforesaid Lot 23, bounded and described as

Number follows:

BEGINNING at a point in the center of the highway leading from Fairmount station, said point being four chains and twenty-six links (4 26/100 ch.) north 81 3/4 degrees west from a point in the center of said highway opposite the west end of Fairmount station; thence north 81 3/4 degrees west within the bounds of said highway two chains and fifty links (2 50/100 ch. ); thence north 11 degrees east five (5) chains; thence south 81 3/4 degrees east two (2) chains and fifty links (2 50/100 ch. ); thence south 11 degrees west five (5) chains to the place of beginning, being the parcel of land conveyed by James Field and Harriet, his wife, to James Wilson by warranty deed recorded January 9, 1874.

Number Three, part of the aforesaid Lot 23, bounded and described as follows:

BEGINNING at a point in the center of the highway on the west line of lot now owned (in 1887) by Stephen Snyder; thence north 11 degrees east along said line three chains and thirty links (3 30/100 ch.); thence west at right angles to the last line one chain and twenty-five links (1 25/100 ch.); thence south 11 degrees west three (3) chains to the center of the highway; thence south 76 degrees east one chain and thirty-one links to the place of beginning, containing sixty-three rods of land, being the parcel of land conveyed by James Field and Samantha B. Field, his wife, to Marshal Hall by warranty deed recorded June 13,

1887.

Parcel No. 2

ALL that tract or parcel of land situate in the Town of Camillus, County of Onondaga and State of New York, more particularly bounded and

described as follows:

BEGINNING at a point in the center of the road leading from Fairmount to Amboy, 198.00 feet easterly from the west line of Lot No. 23; thence N 3° 43′ 00′′ W 245.26 feet to a monument; thence N 67° 29′ 00′′ W parallel to the Fairmount-Amboy Road 198.00 feet to a monument in the west line of Lot No. 23; thence N 3° 43′ 00′′ W along the west line of Lot No. 23 342.97 feet to a concrete monument at the northwest corner of Lot No. 23; thence S 86° 56′ 00′′ W along the north line of Lot No. 22, 1,183.50 feet to a concrete monument; thence N 3° 17′ 00′′ W 707.78 feet monument; thence N 86° 43′ 00′′ E 2,231.93 feet to a monument; thence S 4° 46′ 00′′ E 704.46 feet to a monument in the north line of Lot No. 23; thence N 85° 17′ 00′′ E, 1, 107.99 feet along the north line of Lot No. 23 to a monument at the northwest corner of lands purchased by the State of New York for the Syracuse State School for Mental Defectives; thence along the west line of said lands of the State of New York S 3° 24' 00" E 1,218.56 feet to a monument; thence N 80° 54′ 00′′ W 322.00 feet to a monument; thence S 3° 24' 00" E 345.52 feet to a point in the center of the Fairmount-Amboy Road; thence along the center of said road N 67° 52′

to a

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00" W 1,150.43 feet to a point on the center of a concrete culvert;
thence along the center of said road N 67° 29′ 00′′ W 713.70 feet to the
place of beginning, containing 88,472 acres of land, more or less, ex-
cept 2.787 acres at the southeast corner thereof.

All bearing are referred to the true meridian.
EXCEPTING
the following:

Reservation No. 1

BEGINNING at an iron rod in the northerly side of Warners Road said rod being further located distant S 67° 39′ E, 382.80 feet from a 4" pipe filled with concrete in the northerly side of Warners Road and in the westerly line of lands conveyed by Margaret S. Munro to The People of the State of New York and recorded in the Onondaga County Clerk's Office July 7, 1922, in Book 506 of Deeds at page 478; thence along the northerly side of Warners Road S 67° 39′ E, 549.74 feet to an iron rod, said rod being located distant S 63° 02′ 40′′ W, 79.36 feet from a concrete monument; thence through the lands of the People of the State of New York the following seven courses and distances:

AND RESERVING from the above described 88,472 acre parcel

N 7° 34′ 42′′ E

(31

(4)

N 70° 04′
S 56° 56′
N 66° 12"
S 35° 06′

18′′ W
43′′ W
22" W
33′′ W

420.84 feet to an iron rod;
192.40 feet to an iron rod;
141.00 feet to an iron rod;
333.73 feet to an iron rod;
124.38 feet to an iron rod;
122. 11 feet to an iron rod;

(5)

(6)

S 59° 47′

05′′ E

(7) S 02° 12′ 26′′ E 168.36 feet to the point or place of beginning, containing 4.68 acres of land, more or less.

2,

The bearings mentioned herein are related to existing monuments found and shown on Map 84-T, Parcels 112 and 114, Camillus-Fairmount, Part S. H. No. 5016, entitled "Lands of The State of New York Under Present Jurisdiction of Department of Mental Hygiene, Syracuse State School Syracuse, New York", prepared for the New York State Department of Transportation and filed in the New York State Department of Transportation office at Albany, New York.

AND FURTHER EXCEPTING AND RESERVING from the above described Parcels 1 and 2, the following:

Reservation No. 2

BEGINNING at a concrete monument in the westerly line of the Fairmount-Belle Isle Road, said monument being reputedly set 95 feet distant westerly, measured at right angles, from Station "J" 20+70 of the survey base line for the reconstruction of the Camillus-Fairmount, Part 2, S. H. No. 5016, shown on Map 84-T, Parcel Nos. 111 through 116, dated December 8, 1970, filed with the New York State Department of Transportation at Albany, New York; thence through the lands of The People of the State of New York the following eight Courses and distances:

(1) N 75° 40′ 48′′ W
2) N 45° 06′ 25′′ W

S 88° 53′ 43′′ W
S 01° 29′′* 55′′ W
(5) S 79° 18′ 19′′ W
(6) S 18° 43′ 34′′ W
(7) S 66° 30′ 33′′ W
(8) S 04° 22′ 21′′ E
reconstructed line of Warners
bounds of Warners Road the
S 84° 21′ 31′′ E
(2) N 06° 51′ 51′′ W
(3) S 81° 09′ 11′′ E
S 05° 48′′ 42′′ E

(3)

34

209.20 feet to an iron rod; 646.51 feet to an iron rod; 282.94 feet to an iron rod; 100.93 feet to an iron rod; 262. 31 feet to an iron rod; 300.11 feet to an iron rod; 250.35 feet to an iron rod; 391.58 feet to an iron rod on the northerly Road; thence generally along the northerly following seven courses and distances: 182.37 feet to a concrete monument; 45.43 feet to a concrete monument; 323. 16 feet to a concrete monument; 26.82 feet to a concrete monument;

So in original. ("29"" should be "29′ "

So in original. "48"" should be "487":

EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

S 84° 21′ 31′′ E
N 88° 04′ 19′′ E
S 75° 22′ 31′′ E

the

236.91 feet to a concrete monument; 188. 16 feet to a concrete monument; 281.71 feet to a concrete monument; thence along the westerly line of the aforesaid Fairmount-Belle Isle Road following three courses and distances: (1) N 33° 57′ 48′′ E 160.84 feet to a concrete monument; 2) N 31° 13′ 12′′ E 397.61 feet to a concrete monument; (3) N 06° 27′ 00′′ E 85.83 feet to a point or place of beginning, containing 24.40 acres, more or less.

Excepting from Parcels Parcels No. 1 and No. 2 those parcels of land transferred by The People of the State of New York formerly under the jurisdiction of Department of Mental Hygiene, Syracuse State School, for the reconstruction of the Camillus-Fairmount, Part 2, S. H. No. 5016, and shown on Map 84-T parcels 111 through 116, filed with the New York State Department of Transportation at Albany, New York.

SUBJECT TO the right of The People of the State of New York to ingress and egress along the access roads leading to and from the lands constituting Reservation No. 1 and No. 2 as hereinabove described.

§ 6. The final map and description shall be prepared by a licensed

surveyor.

§ 7. This act shall take effect immediately.

CHAPTER 680

AN ACT to amend the navigation law, in relation to authorizing the village of Cayuga, county of Cayuga, to regulate the construction and location of boathouses, moorings and docks

Became a law July 31, 1992, with the approval of the Governor. Passed on Home Rule request pursuant to Article IX, section 2(b) (2) of the Constitution by a majority vote, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Subdivision 2 of section 46-a of the navigation law, as separately amended by chapters 40 and 131 of the laws of 1991, is amended to read as follows:

(2) The local legislative body of the village of Sodus Point and the town of Huron in the county of Wayne, the villages of Croton-on-Hudson and Mamaroneck and the town of Cortlandt in the county of Westchester, the town of Stony Point in the county of Rockland, the town of Grand Island in the county of Erie, the towns of Conesus, Geneseo, Groveland and Livonia in the county of Livingston, the towns of Irondequoit, Webster, and Penfield in the county of Monroe, the village of Greenwood Lake and the town of Warwick in the county of Orange, the village of Sackets Harbor in the county of Jefferson, and the village] villages of Union Springs and Cayuga and the town of Genoa in the county of Cayuga, and the village of Saugerties in the county of Ulster may adopt, amend and enforce local laws, rules and regulations not inconsistent with the laws of this state or the United States, with respect to the restriction and regulation of the manner of construction and location of boathouses, moorings and docks in any waters within or bounding the respective municipality to a distance of fifteen hundred feet from the shoreline.

2. This act shall take effect immediately.

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