Bill Text: NY S00341 | 2011-2012 | General Assembly | Introduced
Bill Title: Requires open space conservation projects to be undertaken with willing sellers; provides that the use of eminent domain for such projects shall be limited to lands where the owner thereof has consented thereto or where the eminent domain is required to quiet title. [Track Bill]
Status: 2012-04-17 - referred to environmental conservation [S00341 Detail]
S T A T E O F N E W Y O R K ________________________________________________________________________ S. 341 A. 147 2011-2012 Regular Sessions S E N A T E - A S S E M B L Y (PREFILED) January 5, 2011 ___________ IN SENATE -- Introduced by Sen. LITTLE -- read twice and ordered print- ed, and when printed to be committed to the Committee on Finance IN ASSEMBLY -- Introduced by M. of A. SAYWARD -- read once and referred to the Committee on Environmental Conservation AN ACT to amend the state finance law and the environmental conservation law, in relation to requiring open space land conservation projects to be undertaken with willing sellers THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Paragraph (d) of subdivision 6 of section 92-s of the state 2 finance law, as amended by section 13 of part E of chapter 61 of the 3 laws of 2000, is amended to read as follows: 4 (d) Moneys from the open space account shall be available, pursuant to 5 appropriation, for any open space land conservation project UNDERTAKEN 6 WITH A WILLING SELLER, bio-diversity stewardship and research pursuant 7 to chapter five hundred fifty-four of the laws of nineteen hundred nine- 8 ty-three, for the purposes of agricultural and farmland protection 9 activities as authorized by article twenty-five-AAA of the agriculture 10 and markets law, non-point source abatement and control projects pursu- 11 ant to section 17-1409 of the environmental conservation law and section 12 eleven-b of the soil and water conservation districts law, for Long 13 Island Central Pine Barrens area planning or Long Island south shore 14 estuary reserve planning pursuant to title thirteen of article fifty- 15 four of the environmental conservation law, and for operation and 16 management of the Albany Pine Bush preserve commission pursuant to 17 subdivision two of section 54-0303 of the environmental conservation 18 law. 19 S 2. Section 54-0301 of the environmental conservation law, as added 20 by chapter 610 of the laws of 1993, is amended to read as follows: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01286-01-1 S. 341 2 A. 147 1 S 54-0301. [Definitions] DEFINITION. 2 For purposes of this title, "open space land conservation projects" 3 shall mean acquisition projects UNDERTAKEN WITH WILLING SELLERS includ- 4 ing the purchase of conservation easements undertaken by the commission- 5 er and/or the commissioner of the office of parks, recreation and 6 historic preservation listed in the state open space land acquisition 7 plan prepared pursuant to title 2 of article 49 of this chapter. 8 S 3. Subdivision 6 of section 54-0303 of the environmental conserva- 9 tion law, as added by chapter 610 of the laws of 1993, is amended to 10 read as follows: 11 6. [No monies shall be expended for acquisition by eminent domain of 12 any open space land conservation project except in accordance with the 13 state land acquisition policy set forth in section 49-0203 of this chap- 14 ter] THE USE OF EMINENT DOMAIN IN CONNECTION WITH ANY OPEN SPACE CONSER- 15 VATION PROJECT SHALL BE LIMITED TO LANDS WITH RESPECT TO WHICH THE OWNER 16 HAS CONSENTED TO THE USE OF EMINENT DOMAIN OR WHERE THE USE OF EMINENT 17 DOMAIN IS REQUIRED TO QUIET TITLE. 18 S 4. This act shall take effect immediately.