Title 9 Part 271

An application for a grant of an easement for cables, conduits, pipelines and hydroelectric power and appurtenant structures pursuant to subdivision 2 of section 3 of the Public Lands Law shall be made to the Commissioner of General Services and shall state the full name and address of the applicant (if a corporation, the state in which incorporated and the address of its principal office and place of business). It shall also describe the existing or proposed structures placed or to be placed upon the land applied for and the current or proposed use of the structures.

The following documents shall be submitted with the application for easement:

If the application is for a cable, conduit or pipeline, the applicant shall serve a notice of application for such grant on the city, town or village in which the land is situated and upon the owner(s) of properties immediately adjoining along the shorefront where the cable, conduit or pipeline enters and leaves the water. Such notice of application shall state the date on which the application will be made to the Commissioner of General Services and shall contain a description of the land underwater applied for, the use of the land underwater applied for, and directions that all objections to such grant shall be filed with the Division of Land Utilization on or before the date such application will be made. All such notices shall be served at least 20 days before the date such application will be made. Affidavits of service of such notice shall be filed with the application.

The applicant shall serve a notice of application for such grant upon owner(s) of properties immediately adjoining or adjacent to the project area. Such notice of application shall state the date on which the application will be made to the Commissioner of General Services and shall contain a description of the land underwater applied for, the use of the land underwater applied for, and directions that all objections to such grant shall be filed with the Division of Land Utilization on or before the date such application will be made. All such notices shall be served at least 20 days before the date such application will be made. Affidavits of service of such notice shall be filed with the application. The application shall contain a description of the project area and a reproducible map prepared by a licensed land surveyor and/or professional engineer pursuant to section 7208 of the New York State Education Law showing the proposed easement area. The applicant shall submit with the application an abstract of title or title search of the proposed easement area together with a license issued by the Federal Energy Regulatory Commission for the hydroelectric project.

All grants of easement of land under the waters of the Niagara River hereafter made by the State shall contain the following provisions:

“The Grantee, hereby covenants with The People of the State of New York, their successors and assigns, that the Grantee, his heirs, distributees, successors in interest, legal representatives and assigns, will forever release the State and Power Authority of the State of New York, their respective successors and assigns, of and from any and all claims for damages or loss occurring to the easement rights hereby conveyed arising out of, or by reason of, or occasioned at any time or times by, the control or regulation of the waters of the Niagara River by the State or Power Authority of the State of New York in the interests of commerce including navigation, the development of hydroelectric power or the preservation and enhancement of the scenic beauty of the Niagara River, and Grantee further covenants that Grantee, his heirs, distributees, successors, in interest, legal representatives and assigns, will not make claim against or sue the State or Power Authority of the State of New York, their successors in interest or assigns, or any of them, for or on account of any cause of action, claim or demand of any kind whatsoever by reason of any such damages or loss. The foregoing covenants shall in no event be construed to be an admission on the part of the State or Power Authority of the State of New York that they are legally responsible for any damage or loss to any adjoining land by reason of or arising from the control or regulation of the waters of the Niagara River.”

All grants of easement in land under the waters of the St. Lawrence River hereafter made by the State shall contain the following provisions:

“The Grantee hereby covenants with The People of the State of New York, their successors and assigns, that the Grantee, his heirs, distributees, successors in interest, legal representatives and assigns, will forever release the State and Power Authority of the State of New York, their respective successors and assigns, of and from any and all claims for damages or loss occurring to the easement rights hereby conveyed arising out of, or by reason of, or occasioned at any time or times by, the control or regulation of the waters of the St. Lawrence River by the State or Power Authority of the State of New York in the interests of commerce including navigation, the development of hydroelectric power or the preservation and enhancement of the scenic beauty of the river or in the interest of public recreation and of fish and wildlife resources and Grantee further covenants that Grantee, his heirs, distributees, successors in interest, legal representatives and assigns, will not make claim against or sue the State or Power Authority of the State of New York, their successors in interest or assigns, or any of them for or an account of any cause of action, claim or demand of any kind whatsoever by reason of any such damage or loss. The foregoing covenants shall in no event be construed to be an admission on the part of the State or Power Authority of the State of New York that they are legally responsible for any damage or loss to any adjoining land by reason of or arising from the control or regulation of the waters of the St. Lawrence River.”