Bill Text: NY S07939 | 2017-2018 | General Assembly | Amended
Bill Title: Relates to the additional parcel in township 40, in the town of Long Lake.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2018-06-18 - referred to environmental conservation [S07939 Detail]
Download: New_York-2017-S07939-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 7939--A Cal. No. 1266 IN SENATE March 12, 2018 ___________ Introduced by Sen. LITTLE -- (at request of the Department of Environ- mental Conservation) -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, passed by Senate and delivered to the Assembly, recalled, vote reconsidered, restored to third reading, amended and ordered reprinted, retaining its place in the order of third reading AN ACT to amend the environmental conservation law, in relation to the additional parcel in township 40 The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The environmental conservation law is amended by adding two 2 new sections 9-1906 and 9-1908 to read as follows: 3 § 9-1906. Additional disputed parcel. 4 The following parcel of land, identified by the county's two thousand 5 twelve assessment rolls and the county's online mapping system as of 6 October, two thousand twelve, and any subsequent conveyances therefrom, 7 constitutes an additional disputed parcel that is subject to the 8 provisions of this title: 9 52.006-2.2.110 10 The disputed parcel identified in this section is not intended to be a 11 legal description, but is intended to identify the disputed parcel by 12 tax lot number only. 13 § 9-1908. Process for clearing title of additional disputed parcel. 14 1. On or before August first, two thousand eighteen a person claiming 15 title to the additional disputed parcel identified in section 9-1906 of 16 this title shall provide to the department, with copies to the office of 17 the attorney general and the town, a notarized statement as set forth in 18 section 9-1915 of this title which complies with the requirements of 19 subdivision 2 of section 9-1907 of this title. 20 2. Within sixty days of the department's receipt of the statement 21 required by subdivision one of this section, the commissioner shall 22 cause to be prepared an accurate survey of the additional disputed EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14344-02-8S. 7939--A 2 1 parcel, including the boundaries of any portion thereof which the person 2 claiming title intends to convey in fee to the state or convey by 3 conservation easement to the town. 4 3. Within thirty days of the town's receipt of the notarized statement 5 required by subdivision one of this section, the town assessor shall 6 provide to the department and any person claiming title to the addi- 7 tional disputed parcel the assessed value of the parcel as determined in 8 two thousand seventeen, provided that if the person claiming title 9 decided pursuant to subdivision two of section 9-1907 of this title to 10 convey a portion of the parcel as a gift to the state in fee simple 11 without reservations for inclusion in the forest preserve, or a conser- 12 vation easement to the town restricting development over all or a speci- 13 fied portion of the parcel, the town assessor shall provide the depart- 14 ment and the person claiming title to the additional disputed parcel 15 with an assessed value of that portion of the parcel to be retained by 16 the person and an assessed value of such gift or easement. 17 4. Within sixty days of receipt of the assessed value, the person 18 claiming title to the additional disputed parcel shall pay the town the 19 sum of: (a) a flat rate of two thousand dollars; and (b) an amount equal 20 to the total assessed value of the parcel as of two thousand seventeen, 21 including structures and improvements situated thereon, as determined by 22 the town assessor pursuant to subdivision three of this section, less 23 the assessed value of any portion of such parcel conveyed to the state 24 in fee or any conservation easement conveyed to the town, divided by the 25 total two thousand seventeen assessed value of all disputed parcels as 26 listed in section 9-1905 of this title, including structures and 27 improvements situated thereon multiplied by two hundred thousand 28 dollars. 29 5. Within twenty days after the town's receipt of the payment require- 30 ment by subdivision four of this section, the town shall make payment of 31 such funds to the grantor who conveyed the property described by chapter 32 two hundred thirty-one of the laws of two thousand sixteen relating to 33 approving land transactions relating to implementation of the settlement 34 of property disputes in township 40, in the town of Long Lake, to the 35 state. 36 6. Within thirty days after the town's payment required by subdivision 37 five of this section or within thirty days of any conveyance of any fee 38 lands to the state or conservation easements to the town, whichever is 39 later, the commissioner shall record in the Hamilton county clerk's 40 office the survey map prepared pursuant to subdivision two of this 41 section, showing the boundaries of the additional disputed parcel to 42 which the state will be releasing and extinguishing its right, title and 43 interest. The commissioner shall also cause legal descriptions of such 44 boundaries to be prepared from the map. Upon certification by the 45 commissioner that the person claiming title to the additional disputed 46 parcel has complied with all applicable terms and conditions of this 47 title, and notwithstanding the provisions of the public lands law, the 48 commissioner shall be authorized to release and extinguish all right, 49 title and interest of the state in the additional disputed parcel, with- 50 out reservation and exception. The legal descriptions shall be approved 51 by the commissioner and incorporated into the release and extinguishment 52 document. The commissioner shall send notice of the state's release and 53 extinguishment of rights to the additional disputed parcel by letter to 54 the person claiming title to such parcel, and upon release and extin- 55 guishment of rights, the state shall be estopped from asserting any 56 claim of title to the parcel based upon (a) facts or actions thatS. 7939--A 3 1 occurred prior to the effective date of this title, and (b) deeds, tax 2 sales or other documents that predate the effective date of this amend- 3 ment. 4 § 2. Severability clause. If any clause, sentence, paragraph, subdi- 5 vision, section or part of this act shall be adjudged by any court of 6 competent jurisdiction to be invalid, such judgment shall not affect, 7 impair, or invalidate the remainder thereof, but shall be confined in 8 its operation to the clause, sentence, paragraph, subdivision, section 9 or part thereof directly involved in the controversy in which such judg- 10 ment shall have been rendered. It is hereby declared to be the intent of 11 the legislature that this act would have been enacted even if such 12 invalid provisions had not been included herein. 13 § 3. This act shall take effect immediately.
