Bill Text: NY S04332 | 2023-2024 | General Assembly | Introduced
Bill Title: Requires abandoned property escheat to the Indian nation or tribe that historically occupied the land or to the nearest nation or tribe; establishes such land shall be tribal land.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced) 2024-01-03 - REFERRED TO FINANCE [S04332 Detail]
Download: New_York-2023-S04332-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4332 2023-2024 Regular Sessions IN SENATE February 7, 2023 ___________ Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when printed to be committed to the Committee on Finance AN ACT to amend the abandoned property law, in relation to requiring abandoned property escheat to the Indian nation or tribe that histor- ically occupied the land or to nearest nation or tribe; and to repeal certain provisions of such law relating thereto The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 200 of the abandoned property law is amended to 2 read as follows: 3 § 200. Escheated lands. All lands the title of which shall fail from 4 a defect of heirs, shall revert, or escheat, to the [people] Indian 5 nation or tribe who historically occupied the property or if no such 6 tribe or nation currently exists, to the nearest extant Indian nation or 7 tribe. Such land shall be tribal land under the laws of the state. 8 § 2. Section 201 of the abandoned property law, as amended by chapter 9 310 of the laws of 1962, is amended to read as follows: 10 § 201. Action for recovery of property. Whenever the attorney-general 11 has good reason to believe that the title to, or right of possession of, 12 any real property has vested in [the people of the state] an Indian 13 nation or tribe by escheat whether from defect of heirs, alienage or 14 otherwise, [or by conviction or outlawry for treason as provided in15section eight hundred nineteen of the code of criminal procedure,] he or 16 she may commence an action to recover the property. 17 § 3. Section 202 of the abandoned property law, as amended by chapter 18 314 of the laws of 1962, is amended to read as follows: 19 § 202. Parties to action. There may be made parties to such action, 20 all persons who would have, might have or might claim to have any inter- 21 est in or lien upon the premises so escheated or forfeited, at the time 22 of such escheat or forfeiture, and all persons in possession of such 23 real property. Where the names of the defendants are unknown, they may 24 be designated as "unknown defendants." The provisions of law applicable 25 to actions to recover real property shall apply to such actions, except 26 that service of the summons shall not be deemed to be complete until, EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08293-01-3S. 4332 2 1 pursuant to an order of the court, the summons together with a notice 2 directed to the defendants setting forth the object of the action, a 3 brief description of the land affected, the source and manner in and by 4 which it is alleged that said real property shall have escheated or 5 forfeited to [the people] an Indian nation or tribe, and the name or 6 names of person or persons whose title or interest shall have so 7 escheated or have been forfeited, shall have been published once in each 8 week for four successive weeks in two newspapers designated in the order 9 for such publication as most likely to give notice to the defendants to 10 be served. 11 § 4. Section 203 of the abandoned property law, as added by chapter 12 760 of the laws of 1944, is amended to read as follows: 13 § 203. Effect of judgment in favor of [people] an Indian nation or 14 tribe. A final judgment in favor of [the people] an Indian nation or 15 tribe in an action authorized as set forth in section two hundred one of 16 this article is conclusive as to the title of [the people] an Indian 17 nation or tribe in and to the premises described in said judgment 18 against any and all parties in said action, including unknown defend- 19 ants, and against any and all persons claiming from, through or under 20 such a party by title accruing after the filing of the judgment roll or 21 after the filing in the office of the clerk of the county in which said 22 real property or a part thereof is situated, a notice of the pendency of 23 the action. 24 § 5. Section 204 of the abandoned property law is REPEALED. 25 § 6. Section 205 of the abandoned property law, as amended by chapter 26 524 of the laws of 2005, is amended to read as follows: 27 § 205. Report by attorney-general. The attorney-general shall report 28 to the commissioner of general services all the real property recovered 29 by [the people] an Indian nation or tribe in any action brought pursuant 30 to this article. 31 § 7. Section 206 of the abandoned property law, as amended by chapter 32 60 of the laws of 1962, is amended to read as follows: 33 § 206. Petition for release of escheated lands. 1. Where there is 34 good reason to believe that real property shall have escheated to [the35state] an Indian nation or tribe and final judgment shall not have been 36 entered as hereinbefore provided, a petition for the release to the 37 petitioner of any interest in real property believed to have escheated 38 to [the state] such Indian nation or tribe by reason of the failure of 39 heirs or the incapacity, for any reason except infancy or mental incom- 40 petency, of any of the petitioner's alleged predecessors in interest to 41 take such property by devise or otherwise, or to convey the same or by 42 reason of the alienage of any person, who but for such alienage would 43 have succeeded to such interest, may be presented to the commissioner of 44 general services within [forty] two years after such escheat. In any 45 case in which the heirs were legally incapacitated by reason of infancy 46 or mental incompetency, such petition may be presented to the commis- 47 sioner of general services within twenty years after such escheat. Such 48 petition may be presented: 49 a. By any person who would have succeeded to such interest but for his 50 or her alienage or the alienage of another person, or 51 b. By the surviving [husband, widow] spouse, stepfather, stepmother or 52 adopted child of the person whose interest has so escheated, or 53 c. By the purchaser at a judicial sale or sheriff's sale on execution, 54 or 55 d. By an heir, devisee, assignee, grantee, immediate or remote, or 56 executor of any person, who but for his or her death, assignment orS. 4332 3 1 grant could present such petition, or the alleged grantee of any person 2 or of any association or body, whether incorporated or not, who or which 3 would have succeeded by devise or otherwise to the title of such person 4 but for his or her alienage or a legal incapacity to take or convey the 5 property so escheated, or 6 e. By a person having a contract to purchase made prior to the date of 7 escheat with the person whose interest shall have escheated. 8 2. Such petition shall be verified by each petitioner in the same 9 manner as a pleading in a court of record may be verified, and shall 10 allege: 11 a. The name and residence of each person owning any interest in such 12 real property immediately prior to the escheat; 13 b. The name and residence of each petitioner and the circumstances 14 which entitle him or her to present such petition; 15 c. The name and place of residence of every person who would have 16 succeeded to any such interest but for his or her alienage or the alien- 17 age of another or any other rule of legal incapacity hereinabove 18 mentioned affecting an attempted transfer of such interest to such 19 person or to or by any of his or her alleged predecessors in interest; 20 d. The description and value, at the date of the verification of the 21 petition, of such real property sought to be released; 22 e. The description and value, at the date of the verification of the 23 petition, of all the property of every such owner, which shall have 24 escheated to [the people of the state] an Indian nation or tribe by 25 reason of failure of heirs or alienage and which shall not then have 26 been released or conveyed by the state; 27 f. The name and residence of each person having or claiming an inter- 28 est in such real property at the date of the verification of the peti- 29 tion and the nature and value of such interest; 30 g. Any special facts or circumstances by reason of which it is claimed 31 that such interest should be released to the petitioner; 32 h. The name and residence of each person in possession or occupation 33 of the premises and the nature, if any, of the interest of such person; 34 i. The name and residence of each person having filed a protest with 35 the commissioner of general services under the provisions of section two 36 hundred ten of this article. 37 Such petition may be filed within sixty days after its verification 38 with the office of general services. 39 § 8. Section 207 of the abandoned property law, as amended by chapter 40 60 of the laws of 1962, is amended to read as follows: 41 § 207. Proceedings on receipt of petition. Prior to the presentation 42 of such petition, the petitioner shall cause to be personally served 43 upon each person who would have succeeded to any interest in said land 44 but for the alienage of such person or another or for any other rule of 45 legal incapacity hereinbefore mentioned affecting an attempted transfer 46 of such interest of such person, and each person in possession or occu- 47 pation or who has filed a protest under section two hundred ten of this 48 article, whose names and places of residence are known and cause to be 49 published in a newspaper published in each county in which any part of 50 said land is situated, once in each week for three successive weeks as 51 to those whose names and places of residence are unknown, a notice, in 52 form adopted or approved by the commissioner, directed to such persons. 53 Such notice shall state the date on which such petition shall be filed 54 with the office of general services, the nature of the application, a 55 description of the property affected and the name of the person or 56 persons whose interest or interests shall have escheated to [the peopleS. 4332 4 1of the state of New York] an Indian nation or tribe. Such notice shall 2 also provide that any person or persons having a claim or right to said 3 property equal to or superior to the right of the petitioner may file a 4 remonstrance with the said commissioner on or before the date of said 5 filing against the granting of such petition and for the granting of a 6 release to such person or persons. Proof of service and of publication 7 as aforementioned shall be filed with the petition. The commissioner may 8 take proof of the facts alleged in said petition, by written or oral 9 evidence, whether or not a sale or release of said property was thereto- 10 fore made, the value of the property to be released, and such other 11 facts as in his or her judgment are necessary to determine the matter. 12 If a remonstrance shall have been presented, the commissioner may take 13 proof of the issues raised thereby and the relief therein asked. The 14 commissioner may, as a condition of hearing the matter, require the 15 petitioner or any remonstrant to produce witnesses or advance the 16 expense of producing them. 17 § 9. Section 208 of the abandoned property law, as amended by chapter 18 60 of the laws of 1962, is amended to read as follows: 19 § 208. Release. 1. The commissioner shall make his or her determi- 20 nation and enter an order accordingly. The commissioner may agreeably to 21 the best interest of the [state] the Indian nation or tribe and in his 22 or her discretion, if he or she deems it just to all persons interested, 23 execute in the name of the [state] Indian nation or tribe, a release on 24 such terms and conditions as the commissioner deems just, releasing to 25 such person or persons as he or she shall have determined entitled ther- 26 eto the interest of the [state] Indian nation or tribe in such real 27 property so sought to be released. 28 2. A conveyance so made to any such person who is a parent, child, 29 surviving [husband or widow] spouse of any such owner of any interest 30 therein immediately prior to the escheat, or the heirs-at-law of any 31 such surviving [husband or widow] spouse, or the alleged grantee or any 32 person or of any association or body, whether incorporated or not, who 33 or which would have succeeded by devise or otherwise to the title of 34 such person but for a legal incapacity to take or convey the property so 35 escheated shall be without consideration, if the value, at the date of 36 the petition, as determined by the commissioner, of all property of any 37 such owner escheated to [the state] an Indian nation or tribe and not 38 conveyed or released by the state, shall not exceed one hundred thousand 39 dollars, and of the property sought to be released shall not exceed ten 40 thousand dollars, except that any and all expenses incurred by the state 41 or relevant Indian nation or tribe in an action to recover the property 42 escheated or in any action pertaining thereto, or otherwise relating to 43 the escheated property shall be paid by such person. Where however, the 44 value of the property sought to be released shall exceed the sum of ten 45 thousand dollars the commissioner may release the same to such person 46 upon the payment of the appraised value in excess of ten thousand 47 dollars and in addition thereto the expenses incurred by the state or 48 relevant Indian nation or tribe in an action to recover the property as 49 aforementioned. 50 3. The release shall contain a brief recital of the determinations 51 required to be made by the commissioner on the hearing of the petition, 52 remonstrance or remonstrances, and of all the terms and conditions on 53 which the release is made. 54 § 10. Section 210 of the abandoned property law, as amended by chapter 55 60 of the laws of 1962, is amended to read as follows:S. 4332 5 1 § 210. Protest against release. Any person may file, at any time, with 2 the commissioner, a protest, stating his or her name, residence and 3 post-office address, against the release by the state of any interest of 4 [the people of the state] an Indian nation or tribe acquired by escheat, 5 in any real property described in such protest. 6 § 11. Section 211 of the abandoned property law, as amended by chapter 7 60 of the laws of 1962, is amended to read as follows: 8 § 211. Lands held under written contract. Where lands have been 9 escheated to [the state] an Indian nation or tribe and the person last 10 seized was a citizen or capable of taking and holding real property the 11 commissioner shall fulfill any contract made by such person or by any 12 person from whom his or her title is derived, in respect to the sale of 13 such lands, so far only as to convey the right and title of the state, 14 pursuant to such contract, without any covenants of warranty or other- 15 wise, and shall allow all payment which may have been made on such 16 contracts. If any part of such escheated land has been occupied under a 17 verbal agreement for the purchase thereof, and the occupants have made 18 valuable improvements thereon, such agreement shall be as valid and 19 effectual as if it were in writing. 20 § 12. Section 212 of the abandoned property law, as amended by chapter 21 760 of the laws of 1944, is amended to read as follows: 22 § 212. Escheated lands subject to trusts and incumbrances. Lands 23 escheated to [the state] an Indian nation or tribe shall be held 24 subject to the same trusts and incumbrances to which they would have 25 been subject if they had descended, except that where the owner or bene- 26 ficiaries of such trusts or the holders of such incumbrances have been 27 made parties to an action brought under section two hundred one of this 28 article, such land shall be subject only to trusts and incumbrances of 29 record in the county in which the land is located prior to the filing of 30 notice of pendency of action authorized under section two hundred one of 31 this article. 32 § 13. Section 213 of the abandoned property law is amended to read as 33 follows: 34 § 213. Condemnation awards as interest in real property. An interest 35 in real property escheated to [the state] an Indian nation or tribe 36 shall for the purposes of this article, be deemed to include any and all 37 awards heretofore or hereafter made in condemnation proceedings against 38 such escheated lands and all the provisions of this article shall apply 39 to the release and assignment of such awards with the same force and 40 effect as to the release and conveyance of an interest in real property. 41 § 14. Section 214 of the abandoned property law, as added by chapter 42 760 of the laws of 1944, is amended to read as follows: 43 § 214. Receiver. At any time during the pendency of said action pursu- 44 ant to section two hundred one of this article, the court may upon 45 application therefor appoint a receiver to conserve said property and to 46 receive the rents, income and profits therefrom during the pendency of 47 the action. The rents, income and profits so received, after the payment 48 of the expenses of such receivership, shall be paid over to such party 49 or parties as shall be determined in the final judgment to be entitled 50 to possession of said property and in the event that [the people are] an 51 Indian nation or tribe adjudged entitled thereto, shall be directed to 52 be paid into the [state] treasury of the Indian nation or tribe. 53 § 15. Section 215 of the abandoned property law is REPEALED. 54 § 16. This act shall take effect immediately.