Bill Text: NY A05976 | 2013-2014 | General Assembly | Amended
Bill Title: Includes the federal government within the definition of "public body" for purposes of conservation easements.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2013-05-30 - substituted by s4553a [A05976 Detail]
Download: New_York-2013-A05976-Amended.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 5976--A 2013-2014 Regular Sessions I N A S S E M B L Y March 12, 2013 ___________ Introduced by M. of A. ENGLEBRIGHT, KATZ -- read once and referred to the Committee on Environmental Conservation -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the environmental conservation law, in relation to expanding the definition of "public body" for purposes of conservation easements THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Subdivision 3 of section 49-0303 of the environmental 2 conservation law, as amended by chapter 201 of the laws of 2011, is 3 amended to read as follows: 4 3. "Public body" means the state or a municipal corporation as that 5 term is defined in section two of the general municipal law OR THE 6 UNITED STATES OF AMERICA ACTING BY AND THROUGH THE DEPARTMENT OF THE 7 INTERIOR. Such term shall further include the Palisades interstate park 8 commission; the Central Pine Barrens joint planning and policy commis- 9 sion; and a soil and water conservation district as that term is defined 10 in section three of the soil and water conservation districts law. 11 S 2. The opening paragraph of subdivision 5 of section 49-0305 of the 12 environmental conservation law, as amended by chapter 292 of the laws of 13 1984, is amended to read as follows: 14 A conservation easement may be enforced in law or equity by its gran- 15 tor, ITS holder or by a public body or any not-for-profit conservation 16 organization designated in the easement as having a third party enforce- 17 ment right, and is enforceable against the owner of the burdened proper- 18 ty. Enforcement shall not be defeated because of any subsequent adverse 19 possession, laches, estoppel or waiver. No general law of the state 20 which operates to defeat the enforcement of any interest in real proper- 21 ty shall operate to defeat the enforcement of any conservation easement 22 unless such general law expressly states the intent to defeat the EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07488-04-3 A. 5976--A 2 1 enforcement of such easement or provides for the exercise of the power 2 of eminent domain. It is not a defense in any action to enforce a 3 conservation easement that: 4 S 3. This act shall take effect on the one hundred eightieth day after 5 it shall have become a law.