N.Y. Highway Law Section 31
Exchange of reservation lands of the Seneca Nation of Indians

1.

Notwithstanding any other provision of law, the Seneca Nation of Indians which owns and occupies reservation lands or any real property interest therein as the common property of the Seneca Nation may, by the act of the Seneca Council and, if required by federal statute or treaty, with the approval of appropriate federal officials, grant and convey any such lands or real property interest therein to the state for the construction of Route 17 (Southern Tier Expressway) upon such terms and conditions as the Seneca Council shall deem to be just and reasonable. The terms lands and real property interest therein as used in this section shall include lands, waters, rights in lands or waters, structures, franchises and interests in land, including lands under water and riparian rights, and any and all other things and rights usually included within the said terms and includes also any and all interests in such land and property less than full title, such as permanent or temporary easements, right-of-way uses, leases, licenses and all other incorporeal hereditaments, and every estate, interest or right, legal or equitable.

2.

Notwithstanding the provisions of any other law, the commissioner of transportation is hereby authorized, where such property is identified and requested by the Seneca Nation, to acquire property outside the Seneca reservations, in the same manner as other property is acquired for state highway purposes pursuant to this chapter or to use property under the jurisdiction of the department of transportation, to be exchanged in whole or in part on terms beneficial to the state for Seneca reservation lands or real property interests therein acquired or to be acquired from the Seneca Nation for the construction of Route 17 (Southern Tier Expressway). In order to effect any such exchange the commissioner of transportation is hereby authorized to execute and deliver, in the name of the people of the state, a quitclaim of, or a grant in and to, such property, to the Seneca Nation involved to hold for the benefit of the Nation. Each such instrument of conveyance shall be prepared by the attorney general and, before delivery thereof, shall be approved by him as to form and manner of execution.

3.

Any propery granted and conveyed to the Seneca Nation of Indians in exchange for reservation lands or interests in real property pursuant to the provisions of this section shall thereafter be Indian reservation lands, enjoying all the rights and privileges and subject to all the limitations which now or hereafter shall inhere in Indian reservation lands under law.

Source: Section 31 — Exchange of reservation lands of the Seneca Nation of Indians, https://www.­nysenate.­gov/legislation/laws/HAY/31 (updated Sep. 22, 2014; accessed Apr. 20, 2024).

29
Property for highways, bridges and other highway uses and purposes to be acquired by acquisition 30
Acquisition by the state of property required for the construction and reconstruction of state highways and structures thereon 31
Exchange of reservation lands of the Seneca Nation of Indians 38
Contracts for construction or improvement of highways 39
Patented material or articles 40
Authority of commissioner of transportation with respect to the performance of contracts for construction, reconstruction or improvement ... 41
Maintenance of highways after preliminary work pending permanent paving 42
Maintenance of detours during construction 42‑A
Establishment of temporary detours when state highways are being maintained or repaired 43
Intersections, grading and paving on county roads and town highways at intersection with and during construction or reconstruction of sta... 44
Acceptance of state highways when completed 45
Entry upon adjacent lands and streams 46
State highways in villages 47
Connecting highways in villages 48
State highways of additional width and increased cost at expense of town 49
Improvement of state highways at expense of county or at the joint expense of such county and any city, village or town 50
Petition for improvement of highway where a street surface railroad is laid 51
Repair of highways at railroad crossings 52
Permits for work within the state highway right of way 53
Highways and bridges on Indian reservations 53‑A
Highways on Indian reservations 54
Sidewalks along improved state highways 54‑A
Reestablishment of approaches to private lands 55
Emergency aid for control of snow and ice in municipalities 56
State to maintain roads improved by state appropriations under special laws 57
Maintenance by state of canal bridge approaches 58
Liability of state for damages 59
Additional width, different type of construction or other additional work under repair or reconstruction contracts 60
Sprinkling 61
Payment by counties of a portion of the cost of construction under repair contracts 62
Improvement of alignment and of dangerous conditions on repair work 63
Discontinuance of part of highway due to grade crossing elimination 64
Maintenance by state of certain improved roads and highways 65
Lands may be sold or leased 66
Replacement water sources
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Accessed:
Apr. 20, 2024

Last modified:
Sep. 22, 2014

§ 31’s source at nysenate​.gov

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