Senate Bill S4553A

Signed By Governor
2013-2014 Legislative Session

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

download bill text pdf

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Archive: Last Bill Status - Signed by Governor


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

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Bill Amendments

2013-S4553 - Details

See Assembly Version of this Bill:
A5976
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §§49-0303 & 49-0305, En Con L
Versions Introduced in 2011-2012 Legislative Session:
S4762, A7240

2013-S4553 - Summary

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

2013-S4553 - Sponsor Memo

2013-S4553 - Bill Text download pdf

                            
                    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

              

2013-S4553A (ACTIVE) - Details

See Assembly Version of this Bill:
A5976
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §§49-0303 & 49-0305, En Con L
Versions Introduced in 2011-2012 Legislative Session:
S4762, A7240

2013-S4553A (ACTIVE) - Summary

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

2013-S4553A (ACTIVE) - Sponsor Memo

2013-S4553A (ACTIVE) - Bill Text download pdf

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

                                 4553--A
    Cal. No. 471

                       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
  -- reported favorably from said committee, ordered to first and second
  report,  ordered  to  a  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
  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 state or a municipal  corporation  as  that
term  is  defined  in  section  two  of the general municipal law OR THE
UNITED STATES OF AMERICA ACTING BY AND THROUGH  THE  DEPARTMENT  OF  THE
INTERIOR.  Such term shall further include the Palisades interstate park
commission; the Central Pine Barrens joint planning and  policy  commis-
sion; 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

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

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