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This entry was published on 2014-09-22
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SECTION 31
Exchange of reservation lands of the Seneca Nation of Indians
Highway (HAY) CHAPTER 25, ARTICLE 3
§ 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.