Bill Text: NY A02297 | 2009-2010 | General Assembly | Introduced

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Bill Title: An act to amend the environmental conservation law, in relation to accountability and special disclosure in state authorized or assisted county, town or village acquisition of land for open space, environmental and/or historic preservation

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2010-01-06 - referred to environmental conservation [A02297 Detail]

Download: New_York-2009-A02297-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2297
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 15, 2009
                                      ___________
       Introduced by M. of A. ENGLEBRIGHT, SWEENEY, RAMOS, EDDINGTON, THIELE --
         Multi-Sponsored by -- M. of A. COLTON -- read once and referred to the
         Committee on Environmental Conservation
       AN  ACT  to  amend  the  environmental  conservation law, in relation to
         accountability and special disclosure in state authorized or  assisted
         county,  town  or village acquisition of land for open space, environ-
         mental and/or historic preservation
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Legislative  declaration.  Through authorizations to tax,
    2  incur debt, and appropriation of state funds for the  purposes  of  open
    3  space  acquisition,  the  state has facilitated the ability of counties,
    4  towns and villages to finance open space acquisition.   The  process  of
    5  open  space acquisition is complex and susceptible to questions of fair-
    6  ness and appropriateness in instances of particular public land acquisi-
    7  tions. Therefore, the legislature declares its intention to  provide  in
    8  this act for accountability and special disclosure for open space acqui-
    9  sition transactions authorized or assisted by the state.
   10    S  2.  The  environmental  conservation law is amended by adding a new
   11  section 49-0212 to read as follows:
   12  S 49-0212. ACCOUNTABILITY AND SPECIAL  DISCLOSURE  IN  COUNTY,  TOWN  OR
   13                VILLAGE OPEN SPACE TRANSACTIONS.
   14    1.  THE  COUNTY  EXECUTIVE,  TOWN SUPERVISOR, MAYOR OR CHIEF EXECUTIVE
   15  OFFICER OF ANY COUNTY, TOWN OR VILLAGE WHICH PURCHASES  AN  INTEREST  IN
   16  LAND FOR OPEN SPACE, ENVIRONMENTAL AND/OR HISTORIC PRESERVATION PURPOSES
   17  OR  PARK  PURPOSES SHALL SIGN A FINDING (HEREINAFTER REFERRED TO IN THIS
   18  SECTION AS THE "FINDING") AS PROVIDED FOR IN THIS SECTION FOR EACH  SUCH
   19  TRANSACTION  IN WHICH THE RESPECTIVE COUNTY, TOWN OR VILLAGE IS A PARTY.
   20  SUCH FINDING SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING:
   21    A. THAT THE LAND OR EASEMENT ACQUIRED  IS  SUITABLE  FOR  OPEN  SPACE,
   22  ENVIRONMENTAL  AND/OR HISTORIC PRESERVATION PURPOSES AND CONSISTENT WITH
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05439-01-9
       A. 2297                             2
    1  THE COUNTY'S, TOWN'S OR VILLAGE'S OPEN SPACE, ENVIRONMENTAL AND HISTORIC
    2  PRESERVATION PRESERVATION POLICY AND PUBLIC NEED;
    3    B.  THAT  THE LAND ACQUISITION PROCESS WAS COMPLETE AND FAIR INCLUDING
    4  THE USE OF AN INDEPENDENT  PROFESSIONAL  APPRAISER  IN  DETERMINING  THE
    5  VALUE  OF  THE  LAND  OR EASEMENT, OR, WHERE AN INDEPENDENT PROFESSIONAL
    6  APPRAISER WAS NOT USED, THE REASON THEREFOR;
    7    C. THAT IN THE CASE OF A PURCHASE, WHERE THE  PURCHASE  PRICE  EXCEEDS
    8  THE  APPRAISED  VALUE  AS DETERMINED BY THE APPRAISAL, WHY SUCH PURCHASE
    9  PRICE IS IN THE PUBLIC INTEREST; AND
   10    D. THAT ALL COUNTY, TOWN OR VILLAGE LAWS AND PROCEDURES REGARDING LAND
   11  ACQUISITIONS HAVE BEEN FULLY FOLLOWED AND DOCUMENTED, INCLUDING A LOG OF
   12  ALL CONVERSATIONS RELATING TO THE TRANSACTION AND ALL INFORMATION ON THE
   13  COUNTY'S, TOWN'S OR VILLAGE'S ACQUISITION ARE AVAILABLE TO THE PUBLIC.
   14    SUCH FINDING SHALL BE SIGNED AND FILED  WITH  THE  APPROPRIATE  COUNTY
   15  CLERK,  TOWN  CLERK OR VILLAGE CLERK NOT LATER THAN SEVEN DAYS AFTER THE
   16  ACQUISITION TRANSACTION SHALL HAVE BEEN DEEMED TO BE COMPLETE.
   17    2. IN ADDITION TO THE OTHER PROVISIONS FOR MAINTENANCE AND AVAILABILI-
   18  TY OF PUBLIC RECORDS AND UPON COMPLETION OF AN OPEN SPACE LAND OR  EASE-
   19  MENT  TRANSACTION COVERED BY THE PROVISIONS OF THIS SECTION, A FILE WITH
   20  ALL RECORDS  AND  INFORMATION  RELATING  TO  THE  TRANSACTION  INCLUDING
   21  APPRAISALS,  NOTES,  INTERNAL  MEMORANDA  AND  ALL  OTHER CORRESPONDENCE
   22  RELATING THERETO SHALL BE READILY AVAILABLE FOR PUBLIC INSPECTION AT THE
   23  APPROPRIATE COUNTY, TOWN OR VILLAGE CLERK'S OFFICE  FOR  NOT  LESS  THAN
   24  NINETY DAYS FOLLOWING THE COMPLETION OF THE TRANSACTION.
   25    3.  THE  APPROPRIATE  COUNTY  CLERK, TOWN CLERK OR VILLAGE CLERK SHALL
   26  PUBLISH IN THE NEWSPAPER OF RECORD FOR THE RESPECTIVE  COUNTY,  TOWN  OR
   27  VILLAGE  A  NOTICE  OF EACH ACQUISITION TRANSACTION WITHIN SEVEN DAYS OF
   28  THE FILING OF THE FINDING. SUCH NOTICE SHALL STATE THAT INFORMATION  AND
   29  RECORDS ON SUCH TRANSACTION ARE AVAILABLE TO THE PUBLIC AT THE OFFICE OF
   30  THE RESPECTIVE COUNTY CLERK, TOWN CLERK OR VILLAGE CLERK.
   31    S  3.  This  act shall take effect on the thirtieth day after it shall
   32  have become a law.