senate Bill S4553

Signed by Governor Amended

Includes the federal government within the definition of "public body" for purposes of conservation easements

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Sponsor

Bill Status


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

  • 10 / Apr / 2013
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 30 / Apr / 2013
    • 1ST REPORT CAL.471
  • 01 / May / 2013
    • 2ND REPORT CAL.
  • 06 / May / 2013
    • ADVANCED TO THIRD READING
  • 20 / May / 2013
    • AMENDED ON THIRD READING 4553A
  • 29 / May / 2013
    • PASSED SENATE
  • 29 / May / 2013
    • DELIVERED TO ASSEMBLY
  • 29 / May / 2013
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 30 / May / 2013
    • SUBSTITUTED FOR A5976A
  • 30 / May / 2013
    • ORDERED TO THIRD READING CAL.417
  • 30 / May / 2013
    • PASSED ASSEMBLY
  • 30 / May / 2013
    • RETURNED TO SENATE
  • 07 / Jun / 2013
    • DELIVERED TO GOVERNOR
  • 19 / Jun / 2013
    • SIGNED CHAP.66

Summary

Includes the federal government within the definition of "public body" for purposes of conservation easements.

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Bill Details

Versions:
S4553
S4553A
Legislative Cycle:
2013-2014
Law Section:
Environmental Conservation Law
Laws Affected:
Amd ยงยง49-0303 & 49-0305, En Con L
Versions Introduced in 2011-2012 Legislative Cycle:
S4762A

Votes

12
0
12
Aye
0
Nay
0
aye with reservations
0
absent
0
excused
0
abstained
show Environmental Conservation committee vote details

Sponsor Memo

BILL NUMBER:S4553

TITLE OF BILL: An act to amend the environmental conservation law, in
relation to expanding the definition of "public body" for purposes of
conservation easements

PURPOSE:

Includes the Federal Government within the definition of "public body"
for purposes of conservation easements.

SUMMARY OF PROVISIONS:

Adds the Federal Government to the "public body" definition of
subdivision 3 of section 49-0303 of the Environmental Conservation
Law, as amended by chapter 45 of the laws of 1997.

JUSTIFICATION:

Currently federal entities, such as our National Parks, are not
included in the definition of public body for purposes of conservation
easement. This bill will add federal entities to the definition of
public body so that a conservation easement may be enforced in law or
equity by its grantor, its holder, or by a public body or any
not-for-profit conservation organization designated in the easement as
having a third party enforcement right.

LEGISLATIVE HISTORY:

S4762 6/14/11 Passed Senate, died in Assembly.
S4762A 5/21/12 Passed Senate, referred to Environmental Conservation
in Assembly.

FISCAL IMPLICATIONS:

None.

LOCAL FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately.

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

                                  4553

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 10, 2013
                               ___________

Introduced by Sen. MARCHIONE -- read twice and ordered printed, and when
  printed to be committed 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:

  Section  1.  Subdivision  3  of  section  49-0303 of the environmental
conservation law, as amended by chapter 201 of  the  laws  of  2011,  is
amended to read as follows:
  3.  "Public body" means the FEDERAL GOVERNMENT, THE state or a munici-
pal corporation as that term is defined in section two  of  the  general
municipal  law. Such term shall further include the Palisades interstate
park commission; the Central Pine  Barrens  joint  planning  and  policy
commission;  and  a soil and water conservation district as that term is
defined in section three of the soil and  water  conservation  districts
law.
  S  2. The opening paragraph of subdivision 5 of section 49-0305 of the
environmental conservation law, as amended by chapter 292 of the laws of
1984, is amended to read as follows:
  A conservation easement may be enforced in law or equity by its  gran-
tor,  ITS  holder or by a public body or any not-for-profit conservation
organization designated in the easement as having a third party enforce-
ment right, and is enforceable against the owner of the burdened proper-
ty. Enforcement shall not be defeated because of any subsequent  adverse
possession,  laches,  estoppel  or  waiver.  No general law of the state
which operates to defeat the enforcement of any interest in real proper-
ty shall operate to defeat the enforcement of any conservation  easement
unless  such  general  law  expressly  states  the  intent to defeat the
enforcement of such easement or provides for the exercise of  the  power

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07488-01-3

S. 4553                             2

of  eminent  domain.  It  is  not  a  defense in any action to enforce a
conservation easement that:
  S 3. Paragraph (b) of subdivision 7 of section 49-0305 of the environ-
mental  conservation law, as amended by chapter 292 of the laws of 1984,
is amended to read as follows:
  (b) standards and procedures which require each conservation  easement
held  by  a  public  body, OTHER THAN THE FEDERAL GOVERNMENT, to include
terms under which the easement shall be modified where the  commissioner
has  found  after  a non-adjudicatory public hearing at which the public
shall be given opportunity to be heard, that such easement is inconsist-
ent with any other interest in land required for  the  local  gathering,
transmission  or  distribution  of gas, electricity, water, telephone or
cable television services and that no reasonable alternative exists  for
the  local  gathering,  transmission  or  distribution  of such service.
Notice of any such hearing shall be given  to  the  public  pursuant  to
thirty  days  published  notice in the state register, the environmental
notice bulletin and in a newspaper having  general  circulation  in  the
county  where the real property burdened by the easement is situated and
individual notice shall be given in writing to any  person  who  may  be
entitled to enforce such easement pursuant to the provisions of subdivi-
sion five of this section at such address as such person shall file with
the commissioner.
  S 4. This act shall take effect immediately.

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