§ 37-18-7 - Transfer of property – Restrictions on use.
SECTION 37-18-7
§ 37-18-7 Transfer of property –Restrictions on use. – (a) Subject to the provisions of §§ 37-18-12, 37-18-13, and 37-18-14,upon the adoption of a land use plan accepted by the town and the corporationpursuant to § 37-18-10 and the satisfaction of the requirements set forthin § 37-18-8, the governor is authorized, empowered, and directed totransfer, assign, and convey to the corporation in fee simple all the right,title, and interest of the state in and to the following approximately ninehundred (900) acres of real estate located in the town;
(1) The Indian Cedar Swamp management area;
(2) Indian Burial Hill; and
(3) The state land around Deep Pond.
(b) Provided, however, that the state shall retain control ofand public access shall be guaranteed to an adequate fishing area within thestate land around Deep Pond, and provided, further, that the governor is onlyauthorized, empowered, and directed to transfer, assign, and convey to thecorporation the real estate which is located around Deep Pond upon thegovernor's making a finding that the required and appropriate federal approvalof the transfer has been obtained so that the transfer will not affect, in anyadverse manner, any benefits received by the state under the Pittman RobertsonAct, 16 U.S.C. § 669 et seq. and the Dingell Johnson Act, 16 U.S.C. §777 et seq.
(c) Upon the same findings and determinations outlined above,the governor is authorized, empowered, and directed to transfer, assign, andconvey to the corporation and its assigns a mutually acceptable exclusive(except as to lateral crossing) right and easement to pass by foot and vehicleover a forty-five foot (45') wide strip of state land located within the townbetween Kings Factory Road and Watchaug Pond, and to use an area at the end ofthe strip sufficiently large for the parking of automobiles and the launchingof boats.
(d) The authority herein granted to the governor shall be inaddition to any other authority conferred upon him or her by law. The realestate conveyed by the state to the corporation pursuant to the provisions ofthis section shall be held in perpetuity for conservation purposes and shallnot be improved or developed by the corporation.