§ 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 corporation pursuant to § 37-18-10 and the satisfaction of the requirements set forth in § 37-18-8, the governor is authorized, empowered, and directed to transfer, assign, and convey to the corporation in fee simple all the right, title, and interest of the state in and to the following approximately nine hundred (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 of and public access shall be guaranteed to an adequate fishing area within the state land around Deep Pond, and provided, further, that the governor is only authorized, empowered, and directed to transfer, assign, and convey to the corporation the real estate which is located around Deep Pond upon the governor's making a finding that the required and appropriate federal approval of the transfer has been obtained so that the transfer will not affect, in any adverse manner, any benefits received by the state under the Pittman Robertson Act, 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, and convey to the corporation and its assigns a mutually acceptable exclusive (except as to lateral crossing) right and easement to pass by foot and vehicle over a forty-five foot (45') wide strip of state land located within the town between Kings Factory Road and Watchaug Pond, and to use an area at the end of the strip sufficiently large for the parking of automobiles and the launching of boats.
(d) The authority herein granted to the governor shall be in addition to any other authority conferred upon him or her by law. The real estate conveyed by the state to the corporation pursuant to the provisions of this section shall be held in perpetuity for conservation purposes and shall not be improved or developed by the corporation.
History of Section. (P.L. 1979, ch. 116, § 7; P.L. 1985, ch. 386, § 1.)
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