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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
           S. 4762                                                  A. 7240
                              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
       IN ASSEMBLY -- Introduced by M. of  A.  ENGLEBRIGHT  --  read  once  and
         referred to the Committee on Environmental Conservation
       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 45  of  the  laws  of  1997,  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 and the Central Pine Barrens joint planning  and  policy
    8  commission.
    9    S  2. The opening paragraph of subdivision 5 of section 49-0305 of the
   10  environmental conservation law, as amended by chapter 292 of the laws of
   11  1984, is amended to read as follows:
   12    A conservation easement may be enforced in law or equity by its  gran-
   13  tor,  ITS  holder or by a public body or any not-for-profit conservation
   14  organization designated in the easement as having a third party enforce-
   15  ment right, and is enforceable against the owner of the burdened proper-
   16  ty. Enforcement shall not be defeated because of any subsequent  adverse
   17  possession,  laches,  estoppel  or  waiver.  No general law of the state
   18  which operates to defeat the enforcement of any interest in real proper-
   19  ty shall operate to defeat the enforcement of any conservation  easement
   20  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.
                                                                  LBD10743-02-1
       S. 4762                             2                            A. 7240
    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. Paragraph (b) of subdivision 7 of section 49-0305 of the environ-
    5  mental  conservation law, as amended by chapter 292 of the laws of 1984,
    6  is amended to read as follows:
    7    (b) standards and procedures which require each conservation  easement
    8  held  by  a  public  body, OTHER THAN THE FEDERAL GOVERNMENT, to include
    9  terms under which the easement shall be modified where the  commissioner
   10  has  found  after  a non-adjudicatory public hearing at which the public
   11  shall be given opportunity to be heard, that such easement is inconsist-
   12  ent with any other interest in land required for  the  local  gathering,
   13  transmission  or  distribution  of gas, electricity, water, telephone or
   14  cable television services and that no reasonable alternative exists  for
   15  the  local  gathering,  transmission  or  distribution  of such service.
   16  Notice of any such hearing shall be given  to  the  public  pursuant  to
   17  thirty  days  published  notice in the state register, the environmental
   18  notice bulletin and in a newspaper having  general  circulation  in  the
   19  county  where the real property burdened by the easement is situated and
   20  individual notice shall be given in writing to any  person  who  may  be
   21  entitled to enforce such easement pursuant to the provisions of subdivi-
   22  sion five of this section at such address as such person shall file with
   23  the commissioner.
   24    S 4. This act shall take effect immediately.