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and referred to as "Conway road" approximately twenty-four hundred feet in length which passes through property used for the Columbia Greene community college and which is bounded on both sides thereof by said property of such community college. Pursuant hereto the town superintendent shall file a written description of the aforesaid portion of "Conway road" to be abandoned, signed by him and by the consenting members of the town board of the town of Greenport, in the office of the clerk of said town and cause the same to be recorded therein, whereupon the aforesaid portion of "Conway road" in the town of Greenport shall be discontinued and abandoned for public purposes.

§ 2. This act shall take effect immediately.

CHAPTER 561

AN ACT to confer jurisdiction on the court of claims to hear, audit and determine the claim or claims of Carl R. Shisler for compensation for damages for certain lands owned by him and appropriated by the state and to render judgment thereon

Became a law June 5, 1973, 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. Jurisdiction is hereby conferred upon the court of claims to hear, audit and determine the claim or claims of Carl R. Shisler of 10829 Griswold Road, Darien Center, in the town of Darien, Genesee county, New York, or his successors in interest against the state for compensation, value and damages, including consequential and severance damages to real property alleged to have been sustained by him by reason of the appropriation pursuant to section six hundred seventy-six-a of the conservation law of certain lands in the county of Genesee for appropriation of the hereinafter described property by the people of the state of New York for the purposes of Darien Lakes state park in such county and described as follows:

ALL THAT TRACT OR PARCEL OF LAND being part of Great Lot 5, Township 11, Range 4, Town of Darien, County of Genesee, State of New York as shown on a map entitled "Acquis tion Map, Darien Lakes State Park, County of Genesee, State of New York, Proposal 35, Genesee State Park Commission, Map No. 85", prepared from a survey completed June 20, 1967 made by Douglas A. McIntosh, Land Surveyor revised the 11th day of December, 1968 and approved for the Genesee State Park Commission and more particularly described as follows:

BEGINNING at a point in the south line of a 66.0 feet wide right-of-way now known and called Sumner Road, which point is also in the division line between lands now or formerly of Bernard Smykowski and Virginia Smykowski, his wife, on the west, and lands now or formerly of Carl R. Shisler on the east; thence N 87° 48′ 44′′ E 20.00 feet along the south line of said Sumner Road to a point in the division line between lands now or formerly of Alvin Miller on the east, and said Shisler on the west; thence S 02° 08′ 34′′ E 267.00 feet along the said Miller-Shisler division line to a point, which point is the southwest corner of said Miller lands; thence N 87° 48′ 44′′ E 1299.89 feet along the division between lands of said Shisler on the south, and the lands now or formerly of Alvin Miller, J. W. & M. F. Fox, Alvin Miller, A. L. & J. M. Swaple, R. & S. Hutchinson, F. & H. Brown, D. & M. Parker, W. J. O'Connor, and Frank Haller respectively on the north to a point at the southeast corner of said Haller lands; thence N 02° 35′ 25′′ W 267.00 feet along the said Shisler-Haller division line to a point in the south line of said Sumner Road; thence N 87° 48' 44" E 20.00 feet along the south line of said Sumner Road to a point in the division line between lands now or formerly of Boleslaus J. Schwartz, et al, on the east and said Shisler on the West; thence S 02° 35′ 25′′ E 1703.90 feet along the said ShislerSchwartz division line to a point in the north line of lands acquired by the State of New York, which acquisition is designated as Darien Lakes State Park, Proposal 22-R, and is recorded in the Genesee County Clerk's Office in Liber 402, at Page 1069; thence S 87° 37′ 59′′ W 1351.00 feet along the north line of said Proposal 22-R to a point in the first-mentioned Smykowski-Shisler division line; thence N 02° 08′ 34′′ W 1708.08 feet along the said Smykowski-Shisler division line to the point of place of beginning.

Containing 44.69 acres more or less.
All bearings refer to true meridian.

Excluding therefrom all existing oil, gas and mineral mining and storage rights or easements, if any, now of record of persons or corporations other than the owners of the lands above described, provided, however that the exercise of such rights shall not interfere in any manner, in the opinion of the Commission, with unrestricted use for park purposes of the surface of the lands herein appropriated, and also water and utility easements now of record with the provision above written.

Together with all the interest, if any, of the owner of the above premises in and to Sumner Road in front of and adjacent to the above premises.

§ 2. If the court shall find that the lands of the claimant or any interest of said claimant in said lands or any part thereof were so appropriated, and that such claimant is the owner of the property affected thereby, or has some interest therein and has not been compensated for the value of and damages to such lands, or

So in original.

easement rights in such lands, or other interest in such lands, including consequential and severance damages, such value and damages shall constitute a legal and valid claim against the state and the state shall be liable therefor and the court may make an award and render judgment for such claimant and against the state in such sum as shall reasonably compensate the claimant for the value of such premises appropriated and for such damages sustained by reason of such appropriation.

§ 3. The state hereby consents to have its liability on such claim or claims determined notwithstanding the failure of the claimant to file such claim or claims or notice of intention to file such claim or to do any other act in relation to the presentation thereof within the time limited or prescribed by law, to the same extent and with the same effect as though said claim had been timely filed; provided such claim is filed with* court within six months after this act takes effect.

§ 4. Nothing herein contained shall be construed as passing upon the merits of such claim and no award shall be made or judgment rendered against the state unless sustained by such evidence as would create a liability against an individual or corporation.

§ 5. This act shall take effect immediately.

CHAPTER 562

AN ACT to confer jurisdiction on the court of claims to hear, audit and determine the claim or claims of Leon Paikin and Sarah Paikin against the state for compensation for value of certain lands in Onondaga county appropriated by the state for highway right of way purposes and to render judgment therefor

Became a law June 5, 1973, 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. Jurisdiction is hereby conferred upon the court of claims to hear, audit and determine, the claim or claims of Leon Paikin presently residing at 305 Dewitt Road, Syracuse, New York and Sarah Paikin presently residing at 118 Ferris Avenue, Syracuse, New York, or their successors in interest, against the state for compensation, value and damages, including consequential and severance damages to real property alleged to have been sustained by them by reason of the appropriation pursuant to chapter 30 of the highway law as amended, of certain lands in the Town of Geddes, County of Onondaga, for highway right of way purposes and described as follows:

*So in original.

Parcel 119 on Map 96 filed in the office of the county clerk of the county of Onondaga on the 29th day of May, 1968 in Book of Deeds 2375 at page 156 in relation to the Fairmount-Syracuse State Highway.

§ 2. If the court shall find that the lands of the claimants or any interest of said claimants in said lands or any part thereof were so appropriated, and that such claimants are the owners of the property affected thereby, or have some interest therein and have not been compensated for the value of and damages to such lands, or easement rights in such lands, or other interest in such lands, including consequential or severance damages, such value and damages shall constitute a legal and valid claim against the state and the state shall be liable therefor and the court may make an award and render judgment for such claimants and against the state in such sum as shall reasonably compensate the claimants for the value of such premises appropriated and for such damages sustained by reason of such appropriation.

§ 3. The state hereby consents to have its liability on such claim or claims determined notwithstanding the failure of the claimants to file such claim or notice of intention to file such claim or to do any other act in relation to the presentation thereof within the time limited or prescribed by law, to the same extent and with the same effect as though said claim had been timely filed; provided such claims are filed with the court within six months after this act takes effect.

§ 4. Nothing herein contained shall be construed as passing upon the merits of such claim and no award shall be made or judgment rendered against the state unless sustained by such evidence as would create a liability against an individual or corporation.

§ 5. This act shall take effect immediately.

CHAPTER 563

AN ACT to amend the general municipal law, in relation to creating and establishing the Essex county industrial development agency, and providing for its functions, powers and duties

Became a law June 5, 1973, 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. The general municipal law is hereby amended by inserting in title two of article eighteen-A, a new section, to be section nine hundred fourteen-a, to read as follows:

§ 914-a. Essex county industrial development agency. For the benefit of the county of Essex and the inhabitants thereof, an industrial development agency, to be known as the ESSEX

COUNTY INDUSTRIAL DEVELOPMENT AGENCY, is hereby established for the accomplishment of any or all of the purposes specified in title one of article eighteen-A of this chapter. It shall constitute a body corporate and politic, and be perpetual in duration. It shall have the powers and duties now or hereafter conferred by title one of article eighteen-A of this chapter upon industrial development agencies and provided that the exercise of the powers by such agency with respect to the acquisition of real property whether by purchase, condemnation or otherwise, shall be limited to the corporate limits of the county of Essex, and such agency shall take into consideration the local zoning and planning regulations as well as the regional and local comprehensive land use plans. It shall be organized in a manner prescribed by and be subject to the provisions of title one of article eighteen-A of this chapter. Its members shall be appointed by the governing body of the county of Essex. The agency, its members, officers and employees and its operations and activities shall in all respects be governed by the provisions of title one of article eighteen-A of this chapter.

§ 2. This act shall take effect immediately.

CHAPTER 564

AN ACT to confer jurisdiction on the court of claims to hear, audit and determine the claim or claims of Ramona K. Beals and Carlton Beals for compensation for damages for certain lands owned by them and appropriated by the state and to render judgment thereon

Became a law June 5, 1973, 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. Jurisdiction is hereby conferred upon the court of claims to hear, audit and determine the claim or claims of Ramona K. Beals and Carlton Beals of 10212 Allegheny Road, Darien Center in the Town of Darien, Genesee County, New York, or their successors in interest, against the state for compensation, value and damages, including consequential and severance damages to real property alleged to have been sustained by Ramona K. Beals and Carlton Beals by reason of the appropriation pursuant to section six hundred seventy-six-a of the conservation law of certain lands in the county of Genesee in the construction or reconstruction of Darien Lakes State Park in such county and described as follows:

ALL THAT TRACT OR PARCEL OF LAND being part of Great Lot 5, Township 11, Range 4, Town of Darien, County of Genesee, State of New York as shown on a map entitled "Acquisition Map, Darien Lakes State Park, County of Genesee, State of

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