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.
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