Bill Text: NY S01507 | 2017-2018 | General Assembly | Introduced
Bill Title: Requires purchasers of real property within 500 feet of the boundary of an agricultural district to be provided with disclosure of farming activities within such district.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-04-04 - RECOMMIT, ENACTING CLAUSE STRICKEN [S01507 Detail]
Download: New_York-2017-S01507-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1507 2017-2018 Regular Sessions IN SENATE January 10, 2017 ___________ Introduced by Sen. AVELLA -- read twice and ordered printed, and when printed to be committed to the Committee on Agriculture AN ACT to amend the agriculture and markets law and the real property law, in relation to agricultural disclosure requirements for agricul- tural districts The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 5 of section 308 of the agriculture and markets 2 law, as added by chapter 248 of the laws of 2006, is amended to read as 3 follows: 4 5. The commissioner shall develop and make available to prospective 5 grantors and purchasers of any parcel of real property located partially 6 or wholly within any agricultural district, or partially or wholly with- 7 in five hundred feet of the boundary of an agricultural district, in 8 this state and to the general public, practical information related to 9 the right to farm as set forth in this article including, but not limit- 10 ed to right to farm disclosure requirements established pursuant to 11 section three hundred ten of this article and section three hundred 12 thirty-three-c of the real property law. The commissioner shall assist 13 county governments to make available and accessible, to the maximum 14 extent practicable, information including but not limited to maps of 15 such agricultural districts in a manner that can be used to assist such 16 grantors and purchasers to readily identify properties that are subject 17 to right to farm disclosure requirements established pursuant to section 18 three hundred ten of this article and section three hundred thirty- 19 three-c of the real property law, provided, however, the commissioner 20 shall not be responsible for verifying individual parcels. 21 § 2. Subdivision 1 of section 310 of the agriculture and markets law, 22 as amended by chapter 248 of the laws of 2006, is amended to read as 23 follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01238-01-7S. 1507 2 1 1. When any purchase and sale contract is presented for the sale, 2 purchase, or exchange of a parcel of real property located partially or 3 wholly within an agricultural district, or partially or wholly within 4 five hundred feet of the boundary of an agricultural district, estab- 5 lished pursuant to the provisions of this article, the prospective gran- 6 tor shall present to the prospective grantee a disclosure notice which 7 states the following: 8 "It is the policy of this state and this community to conserve, 9 protect and encourage the development and improvement of agricultural 10 land for the production of food, and other products, and also for its 11 natural and ecological value. This disclosure notice is to inform 12 prospective residents that the property they are about to acquire lies 13 partially or wholly within an agricultural district, or partially or 14 wholly within five hundred feet of the boundary of an agricultural 15 district, and that farming activities occur within the district. Such 16 farming activities may include, but not be limited to, activities that 17 cause noise, dust and odors. Prospective residents are also informed 18 that the location of property within an agricultural district or within 19 five hundred feet of the boundary of an agricultural district may impact 20 the ability to access water and/or sewer services for such property 21 under certain circumstances. Prospective purchasers are urged to 22 contact the New York State Department of Agriculture and Markets to 23 obtain additional information or clarification regarding their rights 24 and obligations under article 25-AA of the Agriculture and Markets Law." 25 In determining if the parcel of real property in the sales contract is 26 subject to the provisions of this subdivision, such grantor or seller 27 shall only be required to use information that is readily available from 28 county governments, including but not limited to maps of parcels of real 29 property that are partially or wholly within an agricultural district, 30 or partially or wholly within five hundred feet of the boundary of an 31 agricultural district. 32 § 3. Subparagraph 5 of paragraph ii of subdivision 1-e of section 333 33 of the real property law, as amended by section 1 of part B of chapter 34 57 of the laws of 2004, is amended to read as follows: 35 (5) a statement indicating whether the parcel is located in an agri- 36 cultural district or within five hundred feet of the boundary of an 37 agricultural district and, if so, whether a disclosure notice has been 38 provided pursuant to section three hundred thirty-three-c of this arti- 39 cle and section three hundred ten of the agriculture and markets law; 40 § 4. Section 333-c of the real property law, as amended by chapter 411 41 of the laws of 1998, subdivision 1 as amended by chapter 248 of the laws 42 of 2006, is amended to read as follows: 43 § 333-c. Lands in agricultural districts; disclosure. 1. When any 44 purchase and sales contract is presented for the sale, purchase, or 45 exchange of a parcel of real property located partially or wholly within 46 an agricultural district, or partially or wholly within five hundred 47 feet of the boundary of an agricultural district, established pursuant 48 to the provisions of article twenty-five-AA of the agriculture and 49 markets law, the prospective grantor shall present to the prospective 50 grantee a disclosure notice which states the following: 51 "It is the policy of this state and this community to conserve, 52 protect and encourage the development and improvement of agricultural 53 land for the production of food, and other products, and also for its 54 natural and ecological value. This disclosure notice is to inform 55 prospective residents that the property they are about to acquire lies 56 partially or wholly within an agricultural district, or within fiveS. 1507 3 1 hundred feet of the boundary of an agricultural district, and that farm- 2 ing activities occur within the district. Such farming activities may 3 include, but not be limited to, activities that cause noise, dust and 4 odors. Prospective residents are also informed that the location of 5 property within an agricultural district may impact the ability to 6 access water and/or sewer services for such property under certain 7 circumstances. Prospective purchasers are urged to contact the New York 8 State Department of Agriculture and Markets to obtain additional infor- 9 mation or clarification regarding their rights and obligations under 10 article 25-AA of the Agriculture and Markets Law." 11 2. In determining if the parcel of real property in the sales contract 12 is subject to the provisions of this subdivision, such grantor or seller 13 shall only be required to use information that is readily available from 14 county governments, including but not limited to maps of parcels of real 15 property that are partially or wholly within an agricultural district, 16 or partially or wholly within five hundred feet of the boundary of an 17 agricultural district. 18 3. Such disclosure notice shall be signed by the prospective grantor 19 and grantee prior to the sale, purchase or exchange of such real proper- 20 ty. 21 [3.] 4. Failure of the seller to provide such information to the buyer 22 shall not prevent the recording officer from filing such deed. 23 § 5. This act shall take effect immediately.
