Bill Text: NY A09770 | 2021-2022 | General Assembly | Introduced

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Bill Title: Provides for the exchange of lands in the state forest preserve located on Cathead Mountain in the southern Adirondacks.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-05-02 - enacting clause stricken [A09770 Detail]

Download: New_York-2021-A09770-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9770

                   IN ASSEMBLY

                                      April 7, 2022
                                       ___________

        Introduced  by M. of A. WOERNER -- read once and referred to the Commit-
          tee on Environmental Conservation

                    CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY

        proposing an amendment to section 1 of article 14 of the constitution in
          relation to the exchange of lands in the state forest preserve

     1    Section 1. Resolved (if the Senate concur), That section 1 of  article
     2  14  of  the constitution be amended by adding a new closing paragraph to
     3  read as follows:
     4    Notwithstanding the foregoing provisions, to increase the  acreage  of
     5  forest preserve land located on Cathead Mountain in the southern Adiron-
     6  dacks,  to enhance public recreational opportunities by reopening to the
     7  public  a historic fire tower located on the summit of such mountain and
     8  providing  public access to such tower, to provide for the  conservation
     9  of  private  land  located on such mountain, and to resolve longstanding
    10  public health  and  safety  concerns  in  the  southern  Adirondacks  by
    11  addressing  the  need  for reliable emergency communication equipment on
    12  the summit of such mountain, a land exchange is authorized  between  the
    13  state,  the  Hatchbrook Sportsmen Club, Inc., the Thomas Gang, Inc., and
    14  the county of Hamilton whereby the Hatchbrook Sportsmen Club,  Inc.  may
    15  convey to the state for incorporation into the forest preserve Lots 122,
    16  165,  and 172 Benson Tract, town of Benson, county of Hamilton, totaling
    17  approximately four hundred eighty acres of true forest land, may  convey
    18  to  the state an easement for hiking trails across Lots 122, 165 and 166
    19  of such tract to provide public access to the fire tower located on  the
    20  summit of such mountain, may convey to the state a conservation easement
    21  and  a  right  of  first  refusal over Lot 166 of such tract, may convey
    22  easements over Lot 166 of such tract to the county of Hamilton  and  the
    23  state  for  the  construction  and  maintenance of a tower for emergency
    24  communications equipment in Lot 166 of such tract, and may convey to the
    25  county of Hamilton and the state an easement over Lot 166 of such  tract
    26  for a utility line to bring power to such tower and equipment and a road
    27  for  motorized  access to such tower and equipment, and the Thomas Gang,
    28  Inc.  may convey to the state an easement for a hiking trail across  Lot
    29  113  of such tract to provide public access to the fire tower located on
    30  the summit of such mountain, may convey  to  the  state  a  conservation

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD89186-01-2
        A. 9770                             2

     1  easement  and  right  of  first  refusal over Lot 167 of such tract, may
     2  convey to the state a conservation easement over  fifty-eight  acres  of
     3  Lot  113 of such tract, and may convey to the county of Hamilton and the
     4  state an easement over Lots 113 and 167 of such tract for road access to
     5  such  tower  and equipment and for a utility line to bring power to such
     6  tower and equipment. The county of Hamilton may convey to the state  for
     7  incorporation  into  the  forest  preserve  a total of not less than one
     8  hundred acres of lands suitable for inclusion  in  the  forest  preserve
     9  subject  to  legislative  approval.   Upon the completion of each of the
    10  aforementioned conveyances and in exchange  therefor,  the  state  shall
    11  convey  to  the Thomas Gang, Inc.  approximately forty-six acres of land
    12  in Lot 120 of such tract on Cathead  Mountain  and  adjoining  the  real
    13  property of such club, provided further that the state shall retain from
    14  such conveyance an easement for utilities and administrative motor vehi-
    15  cle  access  to  the  emergency  communications equipment located on the
    16  summit of such mountain, a conservation easement   restricting  develop-
    17  ment  over  such  land,  and  a  right  of  first refusal over such land
    18  provided that the state conveyance authorized by this amendment must  be
    19  concluded no later than January 1, 2028.
    20    §  2. Resolved (if the Senate concur), That the foregoing amendment be
    21  referred to the first regular legislative session  convening  after  the
    22  next  succeeding  general  election  of members of the Assembly, and, in
    23  conformity with  section  1  of  article  19  of  the  constitution,  be
    24  published for 3 months previous to the time of such election.