Bill Text: NY S04762 | 2011-2012 | General Assembly | Amended

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Bill Title: Includes the federal government within the definition of "public body" for purposes of conservation easements.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2012-05-21 - referred to environmental conservation [S04762 Detail]

Download: New_York-2011-S04762-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
           S. 4762--A                                            A. 7240--A
                              2011-2012 Regular Sessions
                             S E N A T E - A S S E M B L Y
                                    April 20, 2011
                                      ___________
       IN  SENATE  --  Introduced  by  Sen.  McDONALD -- read twice and ordered
         printed, and when printed to be committed to the Committee on Environ-
         mental Conservation -- recommitted to the Committee  on  Environmental
         Conservation  in  accordance  with  Senate Rule 6, sec. 8 -- committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to said committee
       IN ASSEMBLY -- Introduced by M. of  A.  ENGLEBRIGHT  --  read  once  and
         referred to the Committee on Environmental Conservation -- recommitted
         to  the  Committee  on  Environmental  Conservation in accordance with
         Assembly Rule 3, sec. 2 -- 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 FEDERAL GOVERNMENT, THE state or a  munici-
    5  pal  corporation  as  that term is defined in section two of the general
    6  municipal law. Such term shall further include the Palisades  interstate
    7  park  commission;  the  Central  Pine  Barrens joint planning and policy
    8  commission; and a soil and water conservation district as that  term  is
    9  defined  in  section  three of the soil and water conservation districts
   10  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:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10743-03-2
       S. 4762--A                          2                         A. 7240--A
    1    A  conservation easement may be enforced in law or equity by its gran-
    2  tor, ITS holder or by a public body or any  not-for-profit  conservation
    3  organization designated in the easement as having a third party enforce-
    4  ment right, and is enforceable against the owner of the burdened proper-
    5  ty.  Enforcement shall not be defeated because of any subsequent adverse
    6  possession, laches, estoppel or waiver. No  general  law  of  the  state
    7  which operates to defeat the enforcement of any interest in real proper-
    8  ty  shall operate to defeat the enforcement of any conservation easement
    9  unless such general law  expressly  states  the  intent  to  defeat  the
   10  enforcement  of  such easement or provides for the exercise of the power
   11  of eminent domain. It is not a  defense  in  any  action  to  enforce  a
   12  conservation easement that:
   13    S 3. Paragraph (b) of subdivision 7 of section 49-0305 of the environ-
   14  mental  conservation law, as amended by chapter 292 of the laws of 1984,
   15  is amended to read as follows:
   16    (b) standards and procedures which require each conservation  easement
   17  held  by  a  public  body, OTHER THAN THE FEDERAL GOVERNMENT, to include
   18  terms under which the easement shall be modified where the  commissioner
   19  has  found  after  a non-adjudicatory public hearing at which the public
   20  shall be given opportunity to be heard, that such easement is inconsist-
   21  ent with any other interest in land required for  the  local  gathering,
   22  transmission  or  distribution  of gas, electricity, water, telephone or
   23  cable television services and that no reasonable alternative exists  for
   24  the  local  gathering,  transmission  or  distribution  of such service.
   25  Notice of any such hearing shall be given  to  the  public  pursuant  to
   26  thirty  days  published  notice in the state register, the environmental
   27  notice bulletin and in a newspaper having  general  circulation  in  the
   28  county  where the real property burdened by the easement is situated and
   29  individual notice shall be given in writing to any  person  who  may  be
   30  entitled to enforce such easement pursuant to the provisions of subdivi-
   31  sion five of this section at such address as such person shall file with
   32  the commissioner.
   33    S 4. This act shall take effect immediately.