Bill Text: NY S08807 | 2021-2022 | General Assembly | Introduced
Bill Title: Provides for the exchange of lands in the state forest preserve located on Cathead Mountain in the southern Adirondacks.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2022-05-13 - OPINION REFERRED TO JUDICIARY [S08807 Detail]
Download: New_York-2021-S08807-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8807 IN SENATE April 19, 2022 ___________ Introduced by Sen. BROOKS -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment to section 1 of article 14 of the constitution in relation to the exchange of lands in the state forest preserve 1 Section 1. Resolved (if the Assembly concur), That section 1 of arti- 2 cle 14 of the constitution be amended by adding a new closing paragraph 3 to read as follows: 4 Notwithstanding the foregoing provisions, to increase the acreage of 5 forest preserve land located on Cathead Mountain in the southern Adiron- 6 dacks, to enhance public recreational opportunities by reopening to the 7 public a historic fire tower located on the summit of such mountain and 8 providing public access to such tower, to provide for the conservation 9 of private land located on such mountain, and to resolve longstanding 10 public health and safety concerns in the southern Adirondacks by 11 addressing the need for reliable emergency communication equipment on 12 the summit of such mountain, a land exchange is authorized between the 13 state, the Hatchbrook Sportsmen Club, Inc., the Thomas Gang, Inc., and 14 the county of Hamilton whereby the Hatchbrook Sportsmen Club, Inc. may 15 convey to the state for incorporation into the forest preserve Lots 122, 16 165, and 172 Benson Tract, town of Benson, county of Hamilton, totaling 17 approximately four hundred eighty acres of true forest land, may convey 18 to the state an easement for hiking trails across Lots 122, 165 and 166 19 of such tract to provide public access to the fire tower located on the 20 summit of such mountain, may convey to the state a conservation easement 21 and a right of first refusal over Lot 166 of such tract, may convey 22 easements over Lot 166 of such tract to the county of Hamilton and the 23 state for the construction and maintenance of a tower for emergency 24 communications equipment in Lot 166 of such tract, and may convey to the 25 county of Hamilton and the state an easement over Lot 166 of such tract 26 for a utility line to bring power to such tower and equipment and a road 27 for motorized access to such tower and equipment, and the Thomas Gang, 28 Inc. may convey to the state an easement for a hiking trail across Lot 29 113 of such tract to provide public access to the fire tower located on 30 the summit of such mountain, may convey to the state a conservation EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD89186-01-2S. 8807 2 1 easement and right of first refusal over Lot 167 of such tract, may 2 convey to the state a conservation easement over fifty-eight acres of 3 Lot 113 of such tract, and may convey to the county of Hamilton and the 4 state an easement over Lots 113 and 167 of such tract for road access to 5 such tower and equipment and for a utility line to bring power to such 6 tower and equipment. The county of Hamilton may convey to the state for 7 incorporation into the forest preserve a total of not less than one 8 hundred acres of lands suitable for inclusion in the forest preserve 9 subject to legislative approval. Upon the completion of each of the 10 aforementioned conveyances and in exchange therefor, the state shall 11 convey to the Thomas Gang, Inc. approximately forty-six acres of land 12 in Lot 120 of such tract on Cathead Mountain and adjoining the real 13 property of such club, provided further that the state shall retain from 14 such conveyance an easement for utilities and administrative motor vehi- 15 cle access to the emergency communications equipment located on the 16 summit of such mountain, a conservation easement restricting develop- 17 ment over such land, and a right of first refusal over such land 18 provided that the state conveyance authorized by this amendment must be 19 concluded no later than January 1, 2028. 20 § 2. Resolved (if the Assembly concur), That the foregoing amendment 21 be referred to the first regular legislative session convening after the 22 next succeeding general election of members of the Assembly, and, in 23 conformity with section 1 of article 19 of the constitution, be 24 published for 3 months previous to the time of such election.