senate Bill S1008

Prohibits the state from gaining any interest in forest land other than a conservation easement

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 09 / Jan / 2013
    • REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • 08 / Jan / 2014
    • REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

Summary

Prohibits the state from gaining any interest in forest land other than a conservation easement.

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Bill Details

Versions:
S1008
Legislative Cycle:
2013-2014
Current Committee:
Senate Investigations And Government Operations
Law Section:
Public Lands Law
Laws Affected:
Amd ยง27, Pub Lds L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S1501
2009-2010: S4787

Sponsor Memo

BILL NUMBER:S1008

TITLE OF BILL:
An act
to amend the public lands law, in relation to limiting the interest the
state may acquire in forest land to a conservation easement

PURPOSE:
To prohibit the state from purchasing forest land in fee title and to
only allow purchases by conservation easement.

SUMMARY OF PROVISIONS:

Section one- amends subdivision one of section 27 of the public lands
law, as added by chapter 513 of the laws of 1989 to provide that
notwithstanding any other provision of law, when such real property
is forest land, as defined in subdivision five of section 9-0101 of
the environmental conservation law, the state shall take no other
interest in the property than a conservation easement. The conveyance
of any other interest in forest land to the state shall be null and
void.

Section two- contains the effective date.

JUSTIFICATION:
Since 1995 New York State has acquired over a million acres of land
that has been added to the forest preserve; This has included
thousands of acres of forest land being removed from active timbering
which has a significant impact on the economic stability of the
communities located in the Adirondack Park. Article 14 of the
Constitution states that the forest preserve shall be kept forever
wild and such land shall not be leased, sold or exchanged.
Conservation easements allow for much more flexibility in the use of
the lands including the harvesting of timber, which North Country
paper mills depend upon.

According to a report from the Northeast State Foresters Association,
"each 1,000 acres of forestland in New York supports 2.6 forest-based
manufacturing jobs with a payroll of $83,000 and 78 forest related
recreation and tourism jobs with a payroll of $14,486. The annual
contribution of forest-based manufacturing and forest-related
recreation and tourism in the New York economy is over 89 billion."

In the 2009-2010 Executive Budget, there was a proposal to freeze the
real property tax payments the state makes to local governments on
forest preserve lands. Fortunately, the Legislature rejected this
initiative which would have bad a devastating effect on communities
within the Adirondack and Catskill Parks. In light of this proposal
and the possibility of it being considered again, it would be prudent
to end the practice of the state acquiring forest lands for inclusion
into the forest preserve and only allow for the acquisition of this
type of land through conservation easements.

LEGISLATIVE HISTORY:
S. 4787 of 2009-10; Referred to Investigations and Government
Operations


S. 1501 of 2011-12; Referred to Investigations and
Government Operations

FISCAL IMPLICATIONS:
The State would save money by purchasing land using conservation
easements instead of in fee title.

EFFECTIVE DATE;
This act shall take effect immediately and shall apply to conveyances
occurring on or after such effective date.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1008

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  LITTLE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment Operations

AN ACT to amend the public lands law, in relation to limiting the inter-
  est the state may acquire in forest land to a conservation easement

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  1  of section 27 of the public lands law, as
added by chapter 513 of the laws of 1989, is amended to read as follows:
  1. The commissioner of general services when moneys therefor have been
appropriated by the legislature or are otherwise available, may  acquire
any  real  property  which  he deems necessary for the implementation or
accomplishment of any statutory purpose, function, operation or  respon-
sibility of the commissioner of general services or the office of gener-
al  services, by purchase or as provided in the eminent domain procedure
law. Title to such real property shall be taken in the name  of  and  be
vested in the people of the state of New York. No real property shall be
so  acquired  by  purchase  unless  the title thereto is approved by the
attorney general. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WHEN  SUCH
REAL  PROPERTY IS FOREST LAND, AS DEFINED IN SUBDIVISION FIVE OF SECTION
9-0101 OF THE ENVIRONMENTAL CONSERVATION LAW, THE STATE  SHALL  TAKE  NO
OTHER INTEREST IN THE PROPERTY THAN A CONSERVATION EASEMENT. THE CONVEY-
ANCE OF ANY OTHER INTEREST IN FOREST LAND TO THE STATE SHALL BE NULL AND
VOID.  The  terms  "property" or "real property" as used in this section
shall mean "real property" as defined by section one  hundred  three  of
the eminent domain procedure law.
  S 2. This act shall take effect immediately and shall apply to convey-
ances occurring on or after such effective date.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01125-01-3

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