Bill Text: NY S08028 | 2015-2016 | General Assembly | Amended
Bill Title: Authorizes the state to convey certain forest preserve land; such sale shall be subject to legislative approval and the proceeds of such conveyance shall be used for acquisitions to the forest preserve.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2016-07-27 - OPINION REFERRED TO JUDICIARY [S08028 Detail]
Download: New_York-2015-S08028-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 8028--A Cal. No. 1596 IN SENATE June 7, 2016 ___________ Introduced by Sen. LITTLE -- read twice and ordered printed, and when printed to be committed to the Committee on Rules -- ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment to section 1 of article 14 of the constitution, in relation to authorizing the sale of certain forest preserve land which was not intended to be included in the forest preserve 1 Section 1. Resolved (if the Assembly concur), That section 1 of arti- 2 cle 14 of the constitution be amended to read as follows: 3 Section 1. The lands of the state, now owned or hereafter acquired, 4 constituting the forest preserve as now fixed by law, shall be forever 5 kept as wild forest lands. They shall not be leased, sold or exchanged, 6 or be taken by any corporation, public or private, nor shall the timber 7 thereon be sold, removed or destroyed. Nothing herein contained shall 8 prevent the state from constructing, completing and maintaining any 9 highway heretofore specifically authorized by constitutional amendment, 10 nor from constructing and maintaining to federal standards federal aid 11 interstate highway route five hundred two from a point in the vicinity 12 of the city of Glens Falls, thence northerly to the vicinity of the 13 villages of Lake George and Warrensburg, the hamlets of South Horicon 14 and Pottersville and thence northerly in a generally straight line on 15 the west side of Schroon Lake to the vicinity of the hamlet of Schroon, 16 then continuing northerly to the vicinity of Schroon Falls, Schroon 17 River and North Hudson, and to the east of Makomis Mountain, east of the 18 hamlet of New Russia, east of the village of Elizabethtown and continu- 19 ing northerly in the vicinity of the hamlet of Towers Forge, and east of 20 Poke-O-Moonshine Mountain and continuing northerly to the vicinity of 21 the village of Keeseville and the city of Plattsburgh, all of the afore- 22 said taking not to exceed a total of three hundred acres of state forest 23 preserve land, nor from constructing and maintaining not more than twen- 24 ty-five miles of ski trails thirty to two hundred feet wide, together 25 with appurtenances thereto, provided that no more than five miles of 26 such trails shall be in excess of one hundred twenty feet wide, on the 27 north, east and northwest slopes of Whiteface Mountain in Essex county, EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD89128-03-6S. 8028--A 2 1 nor from constructing and maintaining not more than twenty-five miles of 2 ski trails thirty to two hundred feet wide, together with appurtenances 3 thereto, provided that no more than two miles of such trails shall be in 4 excess of one hundred twenty feet wide, on the slopes of Belleayre Moun- 5 tain in Ulster and Delaware counties and not more than forty miles of 6 ski trails thirty to two hundred feet wide, together with appurtenances 7 thereto, provided that no more than eight miles of such trails shall be 8 in excess of one hundred twenty feet wide, on the slopes of Gore and 9 Pete Gay mountains in Warren county, nor from relocating, reconstructing 10 and maintaining a total of not more than fifty miles of existing state 11 highways for the purpose of eliminating the hazards of dangerous curves 12 and grades, provided a total of no more than four hundred acres of 13 forest preserve land shall be used for such purpose and that no single 14 relocated portion of any highway shall exceed one mile in length. 15 Notwithstanding the foregoing provisions, the state may convey to the 16 village of Saranac Lake ten acres of forest preserve land adjacent to 17 the boundaries of such village for public use in providing for refuse 18 disposal and in exchange therefore the village of Saranac Lake shall 19 convey to the state thirty acres of certain true forest land owned by 20 such village on Roaring Brook in the northern half of Lot 113, Township 21 11, Richards Survey. Notwithstanding the foregoing provisions, the state 22 may convey to the town of Arietta twenty-eight acres of forest preserve 23 land within such town for public use in providing for the extension of 24 the runway and landing strip of the Piseco airport and in exchange 25 therefor the town of Arietta shall convey to the state thirty acres of 26 certain land owned by such town in the town of Arietta. Notwithstanding 27 the foregoing provisions and subject to legislative approval of the 28 tracts to be exchanged prior to the actual transfer of title, the state, 29 in order to consolidate its land holdings for better management, may 30 convey to International Paper Company approximately eight thousand five 31 hundred acres of forest preserve land located in townships two and three 32 of Totten and Crossfield Purchase and township nine of the Moose River 33 Tract, Hamilton county, and in exchange therefore International Paper 34 Company shall convey to the state for incorporation into the forest 35 preserve approximately the same number of acres of land located within 36 such townships and such County on condition that the legislature shall 37 determine that the lands to be received by the state are at least equal 38 in value to the lands to be conveyed by the state. Notwithstanding the 39 foregoing provisions and subject to legislative approval of the tracts 40 to be exchanged prior to the actual transfer of title and the conditions 41 herein set forth, the state, in order to facilitate the preservation of 42 historic buildings listed on the national register of historic places by 43 rejoining an historic grouping of buildings under unitary ownership and 44 stewardship, may convey to Sagamore Institute Inc., a not-for-profit 45 educational organization, approximately ten acres of land and buildings 46 thereon adjoining the real property of the Sagamore Institute, Inc. and 47 located on Sagamore Road, near Raquette Lake Village, in the Town of 48 Long Lake, county of Hamilton, and in exchange therefor; Sagamore Insti- 49 tute, Inc. shall convey to the state for incorporation into the forest 50 preserve approximately two hundred acres of wild forest land located 51 within the Adirondack Park on condition that the legislature shall 52 determine that the lands to be received by the state are at least equal 53 in value to the lands and buildings to be conveyed by the state and that 54 the natural and historic character of the lands and buildings conveyed 55 by the state will be secured by appropriate covenants and restrictions 56 and that the lands and buildings conveyed by the state will reasonablyS. 8028--A 3 1 be available for public visits according to agreement between Sagamore 2 Institute, Inc. and the state. Notwithstanding the foregoing provisions 3 the state may convey to the town of Arietta fifty acres of forest 4 preserve land within such town for public use in providing for the 5 extension of the runway and landing strip of the Piseco airport and 6 providing for the maintenance of a clear zone around such runway, and in 7 exchange therefor, the town of Arietta shall convey to the state fifty- 8 three acres of true forest land located in lot 2 township 2 Totten and 9 Crossfield's Purchase in the town of Lake Pleasant. 10 Notwithstanding the foregoing provisions and subject to legislative 11 approval prior to actual transfer of title, the state may convey to the 12 town of Keene, Essex county, for public use as a cemetery owned by such 13 town, approximately twelve acres of forest preserve land within such 14 town and, in exchange therefor, the town of Keene shall convey to the 15 state for incorporation into the forest preserve approximately one 16 hundred forty-four acres of land, together with an easement over land 17 owned by such town including the riverbed adjacent to the land to be 18 conveyed to the state that will restrict further development of such 19 land, on condition that the legislature shall determine that the proper- 20 ty to be received by the state is at least equal in value to the land to 21 be conveyed by the state. 22 Notwithstanding the foregoing provisions and subject to legislative 23 approval prior to actual transfer of title, because there is no viable 24 alternative to using forest preserve lands for the siting of drinking 25 water wells and necessary appurtenances and because such wells are 26 necessary to meet drinking water quality standards, the state may convey 27 to the town of Long Lake, Hamilton county, one acre of forest preserve 28 land within such town for public use as the site of such drinking water 29 wells and necessary appurtenances for the municipal water supply for the 30 hamlet of Raquette Lake. In exchange therefor, the town of Long Lake 31 shall convey to the state at least twelve acres of land located in 32 Hamilton county for incorporation into the forest preserve that the 33 legislature shall determine is at least equal in value to the land to be 34 conveyed by the state. The Raquette Lake surface reservoir shall be 35 abandoned as a drinking water supply source. 36 Notwithstanding the foregoing provisions and subject to legislative 37 approval prior to actual transfer of title, the state may convey to 38 National Grid up to six acres adjoining State Route 56 in St. Lawrence 39 County where it passes through Forest Preserve in Township 5, Lots 1, 2, 40 5 and 6 that is necessary and appropriate for National Grid to construct 41 a new 46kV power line and in exchange therefore National Grid shall 42 convey to the state for incorporation into the forest preserve at least 43 10 acres of forest land owned by National Grid in St. Lawrence county, 44 on condition that the legislature shall determine that the property to 45 be received by the state is at least equal in value to the land conveyed 46 by the state. 47 Notwithstanding the foregoing provisions, the legislature may author- 48 ize the settlement, according to terms determined by the legislature, of 49 title disputes in township forty, Totten and Crossfield purchase in the 50 town of Long Lake, Hamilton county, to resolve longstanding and compet- 51 ing claims of title between the state and private parties in said town- 52 ship, provided that prior to, and as a condition of such settlement, 53 land purchased without the use of state-appropriated funds, and suitable 54 for incorporation in the forest preserve within the Adirondack park, 55 shall be conveyed to the state on the condition that the legislature 56 shall determine that the property to be conveyed to the state shallS. 8028--A 4 1 provide a net benefit to the forest preserve as compared to the township 2 forty lands subject to such settlement. 3 Notwithstanding the foregoing provisions, the state may authorize NYCO 4 Minerals, Inc. to engage in mineral sampling operations, solely at its 5 expense, to determine the quantity and quality of wollastonite on 6 approximately 200 acres of forest preserve land contained in lot 8, 7 Stowers survey, town of Lewis, Essex county provided that NYCO Minerals, 8 Inc. shall provide the data and information derived from such drilling 9 to the state for appraisal purposes. Subject to legislative approval of 10 the tracts to be exchanged prior to the actual transfer of title, the 11 state may subsequently convey said lot 8 to NYCO Minerals, Inc., and, in 12 exchange therefor, NYCO Minerals, Inc. shall convey to the state for 13 incorporation into the forest preserve not less than the same number of 14 acres of land, on condition that the legislature shall determine that 15 the lands to be received by the state are equal to or greater than the 16 value of the land to be conveyed by the state and on condition that the 17 assessed value of the land to be conveyed to the state shall total not 18 less than one million dollars. When NYCO Minerals, Inc. terminates all 19 mining operations on such lot 8 it shall remediate the site and convey 20 title to such lot back to the state of New York for inclusion in the 21 forest preserve. In the event that lot 8 is not conveyed to NYCO 22 Minerals, Inc. pursuant to this paragraph, NYCO Minerals, Inc. never- 23 theless shall convey to the state for incorporation into the forest 24 preserve not less than the same number of acres of land that is 25 disturbed by any mineral sampling operations conducted on said lot 8 26 pursuant to this paragraph on condition that the legislature shall 27 determine that the lands to be received by the state are equal to or 28 greater than the value of the lands disturbed by the mineral sampling 29 operations. 30 Notwithstanding the foregoing provisions and subject to legislative 31 approval prior to actual transfer of title, the land developed as a 32 private tuberculosis hospital, private college annex and a state prison, 33 comprising forty-eight structures may be conveyed by the state at public 34 or private sale up to ninety-two acres of land along State Route 86, 35 part of Lot 78, Township 18, Great Tract 1, Macomb's purchase in the 36 town of Brighton, Franklin county, upon the condition that any revenue 37 derived from such conveyance be paid into an account of the state to be 38 used only for acquisitions to the forest preserve. 39 § 2. Resolved (if the Assembly concur), That the foregoing be referred 40 to the first regular legislation session convening after the next 41 succeeding general election of members of the assembly, and, in conform- 42 ity with section 1 of article 19 of the constitution, be published for 3 43 months previous to the time of such election.
