senate Bill S4809

Signed by Governor

Implements the settlement of land disputes between the state and private parties with regard to parcels in township 40, Totten and Crossfield Purchase, Long Lake

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Bill Status


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

  • 24 / Apr / 2013
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 07 / May / 2013
    • REPORTED AND COMMITTED TO FINANCE
  • 20 / Jun / 2013
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 20 / Jun / 2013
    • ORDERED TO THIRD READING CAL.1489
  • 20 / Jun / 2013
    • PASSED SENATE
  • 20 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 20 / Jun / 2013
    • REFERRED TO WAYS AND MEANS
  • 21 / Jun / 2013
    • SUBSTITUTED FOR A7869
  • 21 / Jun / 2013
    • ORDERED TO THIRD READING RULES CAL.707
  • 21 / Jun / 2013
    • PASSED ASSEMBLY
  • 21 / Jun / 2013
    • RETURNED TO SENATE
  • 06 / Dec / 2013
    • DELIVERED TO GOVERNOR
  • 18 / Dec / 2013
    • SIGNED CHAP.537

Summary

Establishes provisions of law, as authorized by a proposed constitutional amendment, providing for the settlement of land disputes between the state and private parties with regard to parcels in township 40, Totten and Crossfield Purchase, in the town of Long Lake, county of Hamilton.

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Bill Details

See Assembly Version of this Bill:
A7869
Versions:
S4809
Legislative Cycle:
2013-2014
Law Section:
Environmental Conservation Law
Laws Affected:
Add Art 9 Title 9 §§9-1901 - 9-1915, En Con L

Sponsor Memo

BILL NUMBER:S4809

TITLE OF BILL: An act to amend the environmental conservation law, in
relation to providing for the settlement of a land dispute between the
state and private parties with regard to parcels in township 40, Totten
and Crossfield Purchase, in the town of Long Lake, county of Hamilton

PURPOSE: This bill amends the Environmental Conservation Law (ECL) to
implement a constitutional amendment authorizing resolution of 100 year
old competing claims of title between the State and private parties in
Township Forty, Totten and Crossfield Purchase (Raquette Lake), in the
Town of Long Lake, Hamilton County (Township Forty).

SUMMARY OF PROVISIONS:

Section 1 of this bill adds a new Title 19 to Article 9 of the Environ-
mental Conservation Law (ECL), titled Township Forty Settlement Act.

ECL § 9-1901 states the legislative purpose and intent of the act.

ECL § 9-1903 sets forth the definitions in the Act.

ECL § 9-1905 sets forth the list of disputed parcels in Township 40.

ECL § 9-1907 sets forth the process for clearing title to disputed
parcels. Occupants of contested parcels would be required to make
payments to the Town of Long Lake (the Town), which would apply such
payments towards the acquisition of land for conveyance to the State for
inclusion in the Forest Preserve. Subject to legislative approval, the
land provided to the State would be required to have a net benefit to
the Forest Preserve when compared to the contested parcels. The formula
for payments would include a flat fee of $2,000 plus the proportion of
the value of their property compared to the value of all disputed
parcels. Occupants would be permitted to convey land in fee to the state
or an easement to the Town, the value of which would reduce the payment
due for the contested parcel. The State will relinquish its claim to
contested parcels upon the acquisition of such land from the Town.

ECL § 9-1909 directs the Office of the Attorney General to file suit
under the Real Property Actions and Proceedings Law against any person
who claims title to a disputed parcel but declines to participate in the
process for clearing title set forth in ECL § 9-1707, or fails to make
the conveyance of land agreed to or make the required payment.

ECL § 9-1911 clarifies that the Adirondack Park Agency retains regulato-
ry jurisdiction over any land located within Township 40.

ECL § 9-1913 sets forth the form to be used by persons who claim title
to disputed parcels who want to participate, or who decline to partic-
ipate, in the process for clearing title set forth in ECL § 9-1707.

§ 2 of the bill provides that the act is effective upon passage of a
constitutional amendment authorizing legislation to resolve contested
title in Township 40.

JUSTIFICATION: The goal of this legislation is to resolve, in an equi-
table manner, a 100 year dispute between the State of New York and
private parties involving legal title to more than 200 parcels of land
in Township Forty. Litigation over this matter has resulted in a mix of
court decisions, with some favorable to the State and some favorable to
the occupants. However, litigation over Township 40 title is extremely
complex and time consuming because there are fifty intermingled chains
of title in the Township and it is difficult to develop proof on what
may or may not have happened more than 100 years ago, prior to the
State's acquisition of its chain of title. For instance, it cannot now
be established with any reasonable degree of certainty whether tax sales
that occurred more than 100 years ago complied with applicable legal
requirements, or whether a current occupant's distant predecessor in
title may have acquired title through adverse possession against the
State's distant predecessor in title 100 years ago.

The legislation lists the parcels which are in dispute and provides that
the State will relinquish its claim to those parcels once the Town of
Long Lake (Town) applies all payments received from those claiming title
to contested parcels towards the acquisition of land by the State for
inclusion in the Forest Preserve that provides a net benefit to the
Forest Preserve when compared to the disputed parcels. This conveyance
will be subject to legislative approval. The "replacement land" require-
ment will ensure that the overall integrity of the Forest Preserve is
not diminished and in fact would be enhanced. Currently, the public has
no opportunity to recreate on the contested parcels because they are
currently occupied by the private camps, primary residences and private
businesses.

The Town will apply all payments received from the occupants to acquire
the "replacement land." The amount an occupant would be required to pay
the Town will vary depending upon the assessed value of the person's
disputed parcel. The average payment per parcel will be approximately
$2,900, and the total of such payments will be approximately $627,000.

Applying the formula set forth in ECL § 9-1704, the smallest required
payment for a parcel will be approximately $2,007 and the largest
payment will be approximately $7,900.

The legislation enables occupants to opt out of the settlement. Howev-
er, since the goal of the legislation is to resolve each and every title
dispute in Township 40, the legislation directs the Office of the Attor-
ney General to commence litigation to determine the title to any "opted
out" parcel within two years.

The legislation also allows an occupant to reduce his or her payment to
the Town if they either convey a portion of the disputed parcel in fee
to the State or convey a conservation easement over all or a part of the

disputed parcel to the Town, with a secondary right of enforcement in
the State. This provision, coupled with existing Adirondack Park Agency
jurisdiction over private lands in the Adirondack Park, should keep
development along the shoreline of Raquette Lake within reasonable
limits.

LEGISLATIVE HISTORY: In 2012, this legislation (S. 7659) passed the
Senate and a concurrent resolution (A.10642 and S.7660) authorizing a
constitutional amendment to be placed on the ballot to resolve Township
40 title disputes received first passage by the legislature.

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: This act shall take effect on the same date and in the
same manner as a "CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
proposing an amendment to section 1 of article 14 of the constitution,
in relation to disputed title in township 40, Totten and Crossfield
Purchase, in the town of Long Lake, Hamilton county," takes effect in
accordance with section 1 of article 19 of the constitution.

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

                                  4809

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 24, 2013
                               ___________

Introduced  by  Sens.  LITTLE, FARLEY -- 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
  providing for the settlement of a land dispute between the  state  and
  private  parties  with  regard  to  parcels in township 40, Totten and
  Crossfield Purchase, in the town of Long Lake, county of Hamilton

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

  Section  1. Article 9 of the environmental conservation law is amended
by adding a new title 19 to read as follows:
                                 TITLE 19
                      TOWNSHIP FORTY SETTLEMENT ACT
SECTION 9-1901. LEGISLATIVE PURPOSE AND INTENT.
        9-1903. DEFINITIONS.
        9-1905. LIST OF DISPUTED PARCELS.
        9-1907. PROCESS FOR CLEARING TITLE.
        9-1909. ATTORNEY GENERAL TO FILE SUIT.
        9-1911. CONVEYANCES TO THE STATE.
        9-1913. ADIRONDACK PARK AGENCY JURISDICTION.
        9-1915. NOTARIZED STATEMENT.
S 9-1901. LEGISLATIVE PURPOSE AND INTENT.
  1. DURING THE LAST ONE HUNDRED  YEARS,  BOTH  THE  STATE  AND  PRIVATE
PARTIES  HAVE  CLAIMED  TITLE  TO  IDENTICAL PORTIONS OF TOWNSHIP FORTY,
TOTTEN AND CROSSFIELD PURCHASE, IN THE TOWN  OF  LONG  LAKE,  COUNTY  OF
HAMILTON.    INDEED,  SOME  PRIVATE PARTIES HAVE OCCUPIED AND IMPROVED A
NUMBER OF SUCH PARCELS TO WHICH THE STATE  CLAIMS  TITLE  AND,  IN  MANY
CASES,  BOTH  THE  STATE  AND  PRIVATE  PARTIES  HAVE PAID TAXES ON SUCH
PARCELS. IN THE LAST SEVERAL DECADES, THE STATE AND SOME PRIVATE PARTIES
HAVE COMMENCED LITIGATION,  AT  SIGNIFICANT  EXPENSE  AND  WITH  LIMITED
SUCCESS,  TO ESTABLISH THEIR RESPECTIVE CLAIMS OVER DISPUTED PARCELS. AS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10057-03-3

S. 4809                             2

A RESULT OF LONGSTANDING CLAIMS TO DISPUTED PARCELS, THE  FREE  TRANSFER
OF  THE PARCELS HAS BEEN INHIBITED, THEREBY CREATING ECONOMIC AND SOCIAL
HARDSHIP IN TOWNSHIP FORTY WHICH, IN TURN, HAS PREVENTED BOTH STATE  AND
PRIVATE  PARTIES  FROM  THE  FULL  USE AND ENJOYMENT OF THE PARCELS. THE
LEGISLATURE HAS DETERMINED THAT THE JUDICIAL SYSTEM IS NOT AN  APPROPRI-
ATE FORUM TO RESOLVE THESE LONGSTANDING TITLE DISPUTES AND THAT A STATU-
TORY SOLUTION IS REQUIRED.
  2.  FOR  THESE  REASONS AND AS AUTHORIZED BY THE PROVISIONS OF SECTION
ONE OF ARTICLE FOURTEEN OF THE STATE CONSTITUTION, THE LEGISLATURE FINDS
THAT IT IS IN THE PUBLIC INTEREST TO COMPREHENSIVELY  AND  EXPEDITIOUSLY
RESOLVE  THESE LONGSTANDING TITLE DISPUTES IN A MANNER WHICH IS FAIR AND
EQUITABLE. THE LEGISLATURE FINDS THAT IT IS IN THE BEST INTERESTS OF THE
STATE, THE COUNTY OF HAMILTON, THE TOWN OF LONG LAKE,  AND  THE  PRIVATE
PARTIES  WHO  CLAIM TITLE TO PORTIONS OF TOWNSHIP FORTY TO RESOLVE THESE
TITLE DISPUTES IN A STRUCTURED AND  EFFICIENT  MANNER  THAT  RESULTS  IN
CLARIFICATION  OF  OWNERSHIP  INTERESTS, ENHANCEMENT OF PUBLIC ACCESS TO
FOREST PRESERVE LANDS, AND THE QUIET ENJOYMENT OF PRIVATE PROPERTY.
  3. THE LEGISLATURE  FURTHER  FINDS  THAT  RESOLUTION  OF  THESE  TITLE
DISPUTES SHALL BE ACCOMPLISHED IN A MANNER THAT ENSURES THE INTEGRITY OF
THE  FOREST  PRESERVE  IN  THE ADIRONDACK PARK AND THAT RESULTS IN A NET
BENEFIT TO THE FOREST PRESERVE WHEN COMPARED TO THE CONTESTED PARCELS.
  4. THE LEGISLATURE FURTHER FINDS THAT THE  TITLE  DISPUTES  ASSOCIATED
WITH TOWNSHIP FORTY CONSTITUTE A UNIQUE SITUATION, FOUND NOWHERE ELSE IN
THE STATE, AND THAT CONSEQUENTLY IT IS EQUITABLE AND APPROPRIATE FOR THE
STATE  TO  RELINQUISH  ITS CLAIM OF TITLE TO DISPUTED PARCELS WITHIN THE
TOWNSHIP. THIS RELINQUISHMENT OF CLAIMS TO TITLE SHALL NOT BE DEEMED  TO
SET  PRECEDENT FOR THE RELINQUISHMENT OF CLAIMS TO TITLE WITH RESPECT TO
OTHER LANDS OWNED BY THE STATE.
S 9-1903. DEFINITIONS.
  FOR PURPOSES OF THIS TITLE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOW-
ING MEANINGS:
  1. "COUNTY" MEANS THE COUNTY OF HAMILTON.
  2. "DISPUTED PARCEL" MEANS A PARCEL OF LAND LOCATED IN TOWNSHIP  FORTY
TO WHICH BOTH THE STATE AND A PERSON CLAIM TITLE.
  3.  "PERSON"  MEANS  ANY  INDIVIDUAL,  FIRM, PARTNERSHIP, ASSOCIATION,
TRUST, LIMITED LIABILITY COMPANY OR CORPORATION THAT CLAIMS TITLE  TO  A
DISPUTED PARCEL.
  4. "TOWN" MEANS THE TOWN OF LONG LAKE, IN THE COUNTY OF HAMILTON.
  5.  "TOWNSHIP  FORTY"  MEANS  TOWNSHIP  FORTY,  TOTTEN  AND CROSSFIELD
PURCHASE.
S 9-1905. LIST OF DISPUTED PARCELS.
  THE FOLLOWING PARCELS OF LAND, IDENTIFIED BY THE COUNTY'S TWO THOUSAND
TWELVE ASSESSMENT ROLLS AND THE COUNTY'S ONLINE  MAPPING  SYSTEM  AS  OF
OCTOBER,  TWO THOUSAND TWELVE, AND ANY SUBSEQUENT CONVEYANCES THEREFROM,
ARE THE DISPUTED PARCELS THAT ARE THE SUBJECT OF THE PROVISIONS OF  THIS
TITLE:
  37.016-1-1.100
  37.016-1-1.210
  37.016-1-1.220
  37.016-1-2
  37.016-1-3
  37.016-1-4.110
  37.016-1-4.120
  37.016-1-4.131
  37.016-1-4.132
  37.016-1-4.140

S. 4809                             3

  37.016-1-4.150
  37.016-1-4.160
  37.016-1-4.200
  37.016-1-4.300
  37.016-1-5
  37.016-1-6
  37.016-1-8.100
  37.016-1-10
  37.018-1-1
  44.000-1-18
  44.000-1-19
  44.000-1-20
  44.000-1-22
  44.000-1-26.100
  44.000-1-26.111
  44.000-1-26.112
  44.000-1-26.121
  44.000-1-27.112
  44.000-1-27.113
  44.000-1-27.120
  44.000-1-27.211
  44.000-1-27.212
  44.000-1-27.220
  44.000-1-28
  44.000-1-3
  44.000-1-4.111
  44.000-1-4.121
  44.000-1-4.200
  44.000-1-8
  44.000-1-9
  44.000-1-10
  44.000-1-11
  44.000-2-32.100
  44.000-2-33.100
  44.000-3-1
  44.000-3-10
  44.000-3-11
  44.000-3-12
  44.000-3-13
  44.000-3-14
  44.000-3-15
  44.000-3-16
  44.000-3-17
  44.000-3-2.100
  44.000-3-2.200
  44.000-3-3
  44.000-3-4
  44.000-3-5
  44.000-3-6
  44.000-3-7
  44.000-3-8
  44.000-3-9.100
  44.000-4-1.100
  44.000-4-1.200
  44.000-4-1.300
  44.014-1-10

S. 4809                             4

  44.014-1-11.100
  44.014-1-12
  44.014-1-13
  44.014-1-2
  44.014-1-3.100
  44.014-1-3.200
  44.014-1-4.200
  44.014-1-5
  44.014-1-6
  44.014-1-7
  44.014-1-8
  44.014-1-9
  44.014-2-1
  44.015-1-1
  44.015-1-2
  44.015-1-3
  44.015-1-4
  44.015-1-5
  44.015-1-6
  44.015-1-7
  44.015-1-8
  44.015-1-9
  44.018-1-1.110
  44.018-1-10
  44.018-1-11
  44.018-1-12
  44.018-1-13
  44.018-1-14
  44.018-1-15
  44.018-1-17
  44.018-1-18
  44.018-1-19
  44.018-1-2
  44.018-1-20
  44.018-1-21
  44.018-1-22.111
  44.018-1-22.112
  44.018-1-22.114
  44.018-1-22.115
  44.018-1-22.116
  44.018-1-22.120
  44.018-1-22.200
  44.018-1-23.111
  44.018-1-23.112
  44.018-1-23.120
  44.018-1-23.130
  44.018-1-23.200
  44.018-1-23.311
  44.018-1-23.312
  44.018-1-23.320
  44.018-1-27.110
  44.018-1-27.200
  44.018-1-28.100
  44.018-1-3
  44.018-1-4
  44.018-1-5

S. 4809                             5

  44.018-1-6.100
  44.018-1-8.100
  44.018-1-8.200
  44.018-1-8.300
  44.018-1-9
  44.018-3-1
  44.018-3-2
  44.018-3-2.100
  52.006-1-13
  52.006-1-18
  52.006-1-19.100
  52.006-1-19.200
  52.006-1-19.300
  52.006-1-20
  52.006-1-22
  52.006-1-23
  52.006-1-24
  52.006-1-25
  52.006-1-26
  52.006-1-27
  52.006-2-1
  52.006-2-10
  52.006-2-11
  52.006-2-12
  52.006-2-13
  52.006-2-14
  52.006-2-15
  52.006-2-16
  52.006-2-17
  52.006-2-18
  52.006-2-19.100
  52.006-2-19.200
  52.006-2-2.121
  52.006-2-2.122
  52.006-2-2.123
  52.006-2-2.124
  52.006-2-2.200
  52.006-2-20
  52.006-2-21.111
  52.006-2-21.112
  52.006-2-22.110
  52.006-2-22.120
  52.006-2-23.111
  52.006-2-23.112
  52.006-2-23.113
  52.006-2-23.114
  52.006-2-23.115
  52.006-2-23.116
  52.006-2-23.117
  52.006-2-23.118
  52.006-2-23.119
  52.006-2-23.120
  52.006-2-24./1
  52.006-2-24.100
  52.006-2-25.100
  52.006-2-26.100

S. 4809                             6

  52.006-2-26.200
  52.006-2-27
  52.006-2-28.111
  52.006-2-28.112
  52.006-2-28.113
  52.006-2-28.114
  52.006-2-28.120
  52.006-2-28.200
  52.006-2-29
  52.006-2-3
  52.006-2-4
  52.006-2-5
  52.006-2-6
  52.006-2-7
  52.006-2-8.100
  52.006-2.8.200
  52.006-2-9
  52.011-1-1
  52.011-1-10.100
  52.011-1-10.200
  52.011-1-11
  52.011-1-2.111
  52.011-1-2.112
  52.011-1-2.114
  52.011-1-2.120
  52.011-1-2.200
  52.011-1-4.200
  52.011-1-5
  52.011-1-6
  52.011-1-7.100
  52.011-1-8
  52.011-1-9.110
  52.011-1-9.120
  52.011-1-9.211
  52.011-1-9.212
  52.011-1-9.220
  52.011-1-9.230
  52.011-1-9.300
  THE DISPUTED PARCELS IDENTIFIED IN THIS SECTION ARE NOT INTENDED TO BE
LEGAL DESCRIPTIONS, BUT ARE INTENDED TO IDENTIFY DISPUTED PARCELS BY TAX
LOT NUMBER ONLY.
S 9-1907. PROCESS FOR CLEARING TITLE.
  1.    WITHIN  THIRTY  DAYS  OF THE EFFECTIVE DATE OF THIS SECTION, THE
DEPARTMENT SHALL SUBMIT A WRITTEN REQUEST TO THE COUNTY TAX ASSESSOR FOR
A CERTIFIED LIST, TO BE PREPARED FROM THE MOST CURRENT TAX ROLL, OF  THE
NAMES  AND  ADDRESSES  OF  ALL  PERSONS  WHO CLAIM TITLE TO THE DISPUTED
PARCELS LISTED IN SECTION 9-1905  OF  THIS  TITLE.  THE  ASSESSOR  SHALL
PREPARE  SUCH  A LIST WITHIN SEVEN DAYS AFTER RECEIVING THE DEPARTMENT'S
REQUEST, AND INCLUDE ON THE LIST THE NAMES AND ADDRESSES OF ALL  PERSONS
ON  THE MOST CURRENT TAX ROLL AND THE NAMES AND ADDRESSES OF ALL PERSONS
WHO, NOT LESS THAN SEVEN DAYS PRIOR TO THE DATE ON  WHICH  THE  ASSESSOR
RECEIVED THE DEPARTMENT'S REQUEST, NOTIFIED THE ASSESSOR THAT THEY CLAIM
TITLE  TO  A  DISPUTED  PARCEL. THE DEPARTMENT SHALL BE ENTITLED TO RELY
UPON THE INFORMATION CONTAINED IN THE CERTIFIED LIST, AND FAILURE BY THE
DEPARTMENT TO GIVE NOTICE TO  ANY  PERSON  CLAIMING  TITLE  WHO  IS  NOT
INCLUDED ON THE LIST OR IS NOT AT THE ADDRESS INCLUDED ON THE LIST SHALL

S. 4809                             7

NOT  INVALIDATE  ANY  PROCEEDING  OR  ACTIONS  AUTHORIZED BY THIS TITLE.
WITHIN THIRTY DAYS AFTER RECEIPT OF THE CERTIFIED LIST FROM  THE  ASSES-
SOR,  THE  DEPARTMENT  SHALL SEND, BY FIRST CLASS MAIL, A LETTER TO EACH
PERSON  INCLUDED ON THE LIST, INFORMING THE PERSON THAT A CONSTITUTIONAL
AMENDMENT HAS BEEN ADOPTED AND LEGISLATION  ENACTED  THAT  AUTHORIZES  A
RESOLUTION  OF  TITLE  ISSUES  ON  DISPUTED  PARCELS  IN TOWNSHIP FORTY,
INCLUDING THE DISPUTED PARCEL  TO  WHICH  THE  PERSON  CLAIMS  OWNERSHIP
RIGHTS.    THE  DEPARTMENT  SHALL  SEND A SEPARATE LETTER TO EACH PERSON
CLAIMING TITLE TO EACH DISPUTED PARCEL.  SUCH LETTER SHALL DESCRIBE  THE
PROCESS  FOR  RESOLVING  TITLE  SET  FORTH IN THIS TITLE AND STATE THAT,
UNTIL SUCH TIME AS THE STATE IS ESTOPPED FROM  ASSERTING  ITS  CLAIM  OF
TITLE  TO  THE  DISPUTED  PARCEL  PURSUANT  TO SUBDIVISION SEVEN OF THIS
SECTION, ANY PERSON CLAIMING TITLE TO THE DISPUTED PARCEL  SHALL  ASSUME
ALL  THE  RISK  WITH  RESPECT TO SUBDIVIDING OR ADDING NEW STRUCTURES OR
IMPROVEMENTS TO THE DISPUTED PARCEL. THE DEPARTMENT SHALL PROVIDE A COPY
OF EACH SUCH LETTER TO THE ATTORNEY GENERAL.  THE DEPARTMENT SHALL ALSO,
WITHIN THIRTY DAYS AFTER RECEIPT OF THE LIST FROM THE ASSESSOR,  PUBLISH
WRITTEN  NOTICE  OF  THE PROCESS TO CLEAR TITLE, INCLUDING A LIST BY TAX
LOT NUMBER OF THE PARCELS LISTED IN SECTION 9-1905 OF THIS TITLE, IN THE
STATE REGISTER, THE ENVIRONMENTAL NOTICE BULLETIN  AND  A  NEWSPAPER  OF
GENERAL CIRCULATION IN TOWNSHIP FORTY.
  2.  WITHIN  NINETY  DAYS  OF  THE  RECEIPT OF THE DEPARTMENT'S LETTER,
PURSUANT TO SUBDIVISION ONE OF THIS SECTION, FOR EACH DISPUTED PARCEL, A
PERSON SHALL PROVIDE TO THE DEPARTMENT, WITH COPIES TO THE OFFICE OF THE
ATTORNEY GENERAL AND THE TOWN, A SEPARATE  NOTARIZED  STATEMENT  AS  SET
FORTH IN SECTION 9-1915 OF THIS TITLE, NOTIFYING THE DEPARTMENT EITHER:
  A.    THAT HE OR SHE WILL PARTICIPATE IN THE PROCESS SET FORTH IN THIS
TITLE TO RESOLVE TITLE TO THE DISPUTED PARCEL OR PARCELS,  AND,  IF  SO,
WHETHER  HE OR SHE INTENDS TO PROVIDE AS A GIFT TO THE STATE A SPECIFIED
PORTION OF A DISPUTED PARCEL IN  FEE  SIMPLE  WITHOUT  RESERVATIONS  FOR
INCLUSION  IN THE FOREST PRESERVE OR A CONSERVATION EASEMENT TO THE TOWN
RESTRICTING DEVELOPMENT OVER ALL OR A SPECIFIED PORTION  OF  A  DISPUTED
PARCEL, WITH A SECONDARY RIGHT OF ENFORCEMENT IN THE STATE; OR
  B.  THAT  HE OR SHE DECLINES TO PARTICIPATE IN THE PROCESS ESTABLISHED
BY THIS TITLE TO RESOLVE TITLE TO DISPUTED PARCELS.
  3. WITH RESPECT TO A PARCEL OR CONSERVATION EASEMENT WHICH THE  PERSON
INTENDS  TO PROVIDE AS A GIFT TO THE STATE OR THE TOWN, RESPECTIVELY, AS
SPECIFIED IN PARAGRAPH A OF SUBDIVISION TWO OF THIS  SECTION,  THE  TOWN
SHALL  PROVIDE THE PERSON WITH AN ASSESSED VALUE OF THE PROPOSED CONVEY-
ANCE, WITH A COPY TO THE DEPARTMENT, WITHIN ONE HUNDRED TWENTY  DAYS  OF
THE TOWN'S RECEIPT OF A COPY OF THE NOTIFICATION CONCERNING SUCH GIFT.
  4. WITHIN TWELVE MONTHS OF THE DATE OF THE LETTERS SENT BY THE DEPART-
MENT  PURSUANT  TO  SUBDIVISION ONE OF THIS SECTION, ALL PERSONS WHO ARE
PARTICIPATING IN THE PROCESS SET FORTH IN THIS TITLE TO RESOLVE TITLE TO
DISPUTED PARCELS SHALL CONVEY TO THE STATE ANY LAND WHICH  SUCH  PERSONS
EXPRESSED  AN INTENT TO SO CONVEY PURSUANT TO PARAGRAPH A OF SUBDIVISION
TWO OF THIS SECTION, CONVEY TO THE TOWN ANY CONSERVATION EASEMENTS WHICH
SUCH PERSONS EXPRESSED AN INTENT TO SO CONVEY PURSUANT TO PARAGRAPH A OF
SUBDIVISION TWO OF THIS SECTION, AND MAKE PAYMENT TO  THE  TOWN  IN  THE
AMOUNT DUE PURSUANT TO SUBDIVISION FIVE OF THIS SECTION.
  5.    WITHIN  TWELVE  MONTHS  OF  THE  DATE OF THE LETTERS SENT BY THE
DEPARTMENT PURSUANT TO SUBDIVISION ONE OF THIS SECTION, PERSONS  PARTIC-
IPATING  IN  THE  PROCESS  SET  FORTH  IN THIS TITLE TO RESOLVE TITLE TO
DISPUTED PARCELS SHALL PAY THE TOWN  AN  AMOUNT  THAT  APPROXIMATES  THE
STATE'S  ADMINISTRATIVE COSTS IN RESOLVING THE DISPUTED PARCELS SITUATED
WITHIN TOWNSHIP FORTY. THE PAYMENT AMOUNT FOR EACH  INDIVIDUAL  DISPUTED

S. 4809                             8

PARCEL  SHALL BE THE SUM OF: (A) A FLAT RATE OF TWO THOUSAND DOLLARS PER
PARCEL; AND (B) AN AMOUNT EQUAL TO  THE  TOTAL  ASSESSED  VALUE  OF  THE
PARCEL,  INCLUDING  STRUCTURES  AND  IMPROVEMENTS  SITUATED  THEREON, AS
DETERMINED BY THE TWO THOUSAND TWELVE TOWN ASSESSMENT, LESS THE ASSESSED
VALUE  OF ANY PORTION OF SUCH PARCEL CONVEYED TO THE STATE IN FEE OR ANY
CONSERVATION EASEMENT CONVEYED TO THE TOWN, PURSUANT TO PARAGRAPH  A  OF
SUBDIVISION  TWO OF THIS SECTION, DIVIDED BY THE TOTAL ASSESSED VALUE OF
ALL DISPUTED PARCELS, INCLUDING  STRUCTURES  AND  IMPROVEMENTS  SITUATED
THEREON AS DETERMINED BY THE TWO THOUSAND TWELVE TOWN ASSESSMENT, MULTI-
PLIED    BY  TWO  HUNDRED  THOUSAND DOLLARS. THE TOWN SHALL USE ALL SUCH
PAYMENTS TO ACQUIRE LAND FOR INCLUSION IN THE FOREST  PRESERVE  PURSUANT
TO SUBDIVISION SIX OF THIS SECTION.
  6.    WITHIN  EIGHTEEN  MONTHS  OF THE DATE OF THE LETTERS SENT BY THE
DEPARTMENT PURSUANT TO SUBDIVISION ONE OF THIS SECTION,  THE  DEPARTMENT
SHALL IDENTIFY LANDS FOR THE TOWN TO ACQUIRE FOR INCLUSION IN THE FOREST
PRESERVE.  SUBJECT  TO  LEGISLATIVE APPROVAL, SUCH LANDS SHALL PROVIDE A
NET BENEFIT TO THE FOREST PRESERVE AS COMPARED TO THE  DISPUTED  PARCELS
TO WHICH THE STATE IS ESTOPPED FROM ASSERTING A CLAIM PURSUANT TO SUBDI-
VISION  SEVEN  OF THIS SECTION. THE TOWN SHALL USE ALL PAYMENTS ACQUIRED
PURSUANT TO SUBDIVISION FIVE OF THIS SECTION FOR THE ACQUISITION OF SUCH
LANDS. SUCH LANDS SHALL BE CONVEYED  FROM  THE  OWNER  DIRECTLY  TO  THE
STATE.  TITLE TO LAND TO BE CONVEYED TO THE STATE PURSUANT TO THIS TITLE
AND  THE DEED TO THE STATE SHALL BE APPROVED BY THE ATTORNEY GENERAL, AS
TO FORM AND MANNER OF EXECUTION AND RECORDABILITY, BEFORE THE DEED SHALL
BE ACCEPTED ON BEHALF OF THE STATE.
  7.  THE COMMISSIONER SHALL CAUSE TO BE PREPARED AN ACCURATE SURVEY MAP
SHOWING THE BOUNDARIES OF ALL DISPUTED LAND TO WHICH THE STATE  WILL  BE
RELEASING AND EXTINGUISHING ITS RIGHT, TITLE AND INTEREST AND RECORD THE
SURVEY MAP IN THE HAMILTON COUNTY CLERK'S OFFICE. THE COMMISSIONER SHALL
ALSO CAUSE LEGAL DESCRIPTIONS OF SUCH BOUNDARIES TO BE PREPARED FROM THE
MAP.  EXCEPT  FOR  THOSE  PARCELS  THE  TITLE TO WHICH WILL BE LITIGATED
PURSUANT TO SECTION 9-1909 OF THIS TITLE, UPON LEGISLATIVE  APPROVAL  OF
THE  LANDS  TO  BE  PROVIDED TO THE STATE PURSUANT TO SUBDIVISION SIX OF
THIS SECTION, THE COMPLETION  OF  THE  CONVEYANCES  TO  THE  STATE,  AND
CERTIFICATION  BY  THE  COMMISSIONER  THAT  EACH  RESPECTIVE  PERSON HAS
COMPLIED WITH ALL APPLICABLE TERMS AND CONDITIONS  OF  THIS  TITLE,  AND
NOTWITHSTANDING THE PROVISIONS OF THE PUBLIC LANDS LAW, THE COMMISSIONER
SHALL  BE  AUTHORIZED  TO  RELEASE  AND  EXTINGUISH ALL RIGHT, TITLE AND
INTEREST OF THE STATE IN THE DISPUTED PARCELS THAT  ARE  LOCATED  WITHIN
THESE  SURVEYED BOUNDARIES, WITHOUT RESERVATION AND EXCEPTION. THE LEGAL
DESCRIPTIONS SHALL BE APPROVED BY THE COMMISSIONER AND INCORPORATED INTO
THE RELEASE AND EXTINGUISHMENT DOCUMENT.  THE  COMMISSIONER  SHALL  SEND
NOTICE OF THE STATE'S RELEASE AND EXTINGUISHMENT OF RIGHTS TO A DISPUTED
PARCEL  BY  SEPARATE  LETTER  TO EACH PERSON FOR EACH PARCEL OF LAND THE
TITLE TO WHICH HAS BEEN SETTLED PURSUANT TO THIS TITLE, AND UPON RELEASE
AND EXTINGUISHMENT OF RIGHTS, THE STATE SHALL BE ESTOPPED FROM ASSERTING
ANY CLAIM OF TITLE TO DISPUTED PARCELS BASED UPON (A) FACTS  OR  ACTIONS
THAT  OCCURRED PRIOR TO THE EFFECTIVE DATE OF THIS TITLE, AND (B) DEEDS,
TAX SALES OR OTHER DOCUMENTS THAT PREDATE THE  EFFECTIVE  DATE  OF  THIS
TITLE.    THE  COMMISSIONER  SHALL ALSO CAUSE TO BE PREPARED AN ACCURATE
SURVEY MAP, TO BE RECORDED IN THE COUNTY CLERK'S  OFFICE,  AND  A  LEGAL
DESCRIPTION  FROM THE SURVEY MAP, FOR EACH INDIVIDUAL PARCEL OF LAND THE
CLAIMANT OF WHICH HAS FILED A NOTICE PURSUANT TO PARAGRAPH B OF SUBDIVI-
SION TWO OF THIS SECTION OR HAS NOT COMPLIED IN A  TIMELY  FASHION  WITH
THE  REQUIREMENTS OF SUBDIVISIONS TWO, FOUR OR FIVE OF THIS SECTION. THE
DEPARTMENT SHALL PROVIDE A COPY OF SUCH SURVEY AND LEGAL DESCRIPTION  TO

S. 4809                             9

THE  OFFICE OF THE ATTORNEY GENERAL TO ASSIST IN THE LITIGATION REQUIRED
BY SECTION 9-1909 OF THIS TITLE.
S 9-1909. ATTORNEY GENERAL TO FILE SUIT.
  THE  ATTORNEY  GENERAL, WITHIN TWENTY-FOUR MONTHS OF EITHER A PERSON'S
FAILURE TO COMPLY WITH THE REQUIREMENTS OF SUBDIVISION  TWO  OF  SECTION
9-1907  OF  THIS  TITLE  WITH RESPECT TO A PARTICULAR DISPUTED PARCEL, A
PERSON'S FILING OF A NOTICE OF NONPARTICIPATION PURSUANT TO PARAGRAPH  B
OF  SUBDIVISION  TWO  OF  SECTION 9-1907 OF THIS TITLE WITH RESPECT TO A
PARTICULAR DISPUTED PARCEL, A PERSON'S  FAILURE  TO  MAKE  THE  REQUIRED
CONVEYANCE  REQUIRED BY SUBDIVISION FOUR OF SECTION 9-1907 OF THIS TITLE
WITH RESPECT TO A PARTICULAR DISPUTED PARCEL, OR A PERSON'S  FAILURE  TO
MAKE  THE  REQUIRED  PAYMENT  REQUIRED  BY SUBDIVISIONS FOUR AND FIVE OF
SECTION 9-1907 OF THIS TITLE  WITH  RESPECT  TO  A  PARTICULAR  DISPUTED
PARCEL,  SHALL  COMMENCE  AN ACTION IN A COURT OF COMPETENT JURISDICTION
PURSUANT TO THE REAL PROPERTY ACTIONS AND PROCEEDINGS LAW  TO  DETERMINE
TITLE TO SUCH PARCEL.  NOTHING CONTAINED IN THIS TITLE SHALL BE APPLICA-
BLE  TO  SUCH ACTION.   FAILURE BY THE ATTORNEY GENERAL TO COMMENCE SUCH
ACTION WITHIN SUCH TIME FRAME SHALL NOT SUBSEQUENTLY PREVENT THE  ATTOR-
NEY  GENERAL  FROM  COMMENCING  SUCH  AN  ACTION OR CREATE A PRESUMPTION
AGAINST THE STATE'S CLAIM OF TITLE.
S 9-1911. CONVEYANCES TO THE STATE.
  NOTHING IN THIS TITLE SHALL BE INTERPRETED AS AT ANY  TIME  PREVENTING
ANY  PERSON  CLAIMING A DISPUTED PARCEL FROM OFFERING TO CONVEY ANY SUCH
PARCEL, ANY PORTION OF SUCH PARCEL, OR ANY INTEREST IN  SUCH  PARCEL  TO
THE  STATE  ON  SUCH TERMS AND CONDITIONS AS THE OWNER FINDS ACCEPTABLE,
PROVIDED THE STATE MAY, SOLELY IN  ITS  DISCRETION,  DECIDE  WHETHER  TO
ACCEPT ANY SUCH OFFER.
S 9-1913. ADIRONDACK PARK AGENCY JURISDICTION.
  NOTHING  IN  THIS  TITLE SHALL BE INTERPRETED AS ALTERING OR AFFECTING
THE REGULATORY JURISDICTION OF THE ADIRONDACK PARK AGENCY OVER ANY  LAND
LOCATED WITHIN TOWNSHIP FORTY.
S 9-1915. NOTARIZED STATEMENT.
  THE FORMAT FOR THE NOTARIZED STATEMENT DESCRIBED IN SUBDIVISION TWO OF
SECTION 9-1907 OF THIS TITLE SHALL BE AS FOLLOWS:
NOTARIZED  STATEMENT  RELATING  TO THE SETTLEMENT OF COMPETING CLAIMS OF
TITLE
TOWNSHIP FORTY, TOTTEN AND CROSSFIELD PURCHASE
TOWN OF LONG LAKE, COUNTY OF HAMILTON
NAME(S):
MAILING ADDRESS(ES):
TELEPHONE NUMBER(S):
TAX PARCEL NUMBER:
CIRCLE EITHER 1 OR 2; IF YOU CIRCLE 1, YOU MUST ALSO CIRCLE A OR B:
  1. I (WE) ELECT TO PARTICIPATE IN THE PROCESS TO RESOLVE TITLE  ISSUES
REGARDING THE ABOVE-REFERENCED PARCEL AS AUTHORIZED BY TITLE NINETEEN OF
ARTICLE NINE OF THE ENVIRONMENTAL CONSERVATION LAW.
  A.  I (WE) INTEND TO REDUCE MY (OUR) PAYMENT BY GIFTING TO THE STATE A
SPECIFIED PORTION OF A DISPUTED PARCEL IN FEE SIMPLE WITHOUT RESERVATION
FOR INCLUSION IN THE FOREST PRESERVE OR A CONSERVATION EASEMENT  TO  THE
TOWN  RESTRICTING  DEVELOPMENT  OVER  ALL  OR  A  SPECIFIED PORTION OF A
DISPUTED PARCEL, WITH A SECONDARY RIGHT OF  ENFORCEMENT  IN  THE  STATE.
THE INTENDED GIFT IS DESCRIBED IN THE ATTACHED DOCUMENT.
  B.  I  (WE)  DO  NOT INTEND TO REDUCE MY (OUR) PAYMENT TO THE STATE BY
GIFTING ANY PORTION OF THE PARCEL TO THE STATE OR BY GIFTING A CONSERVA-
TION EASEMENT OVER ANY PORTION OF THE PARCEL TO THE TOWN; OR

S. 4809                            10

  2. I (WE) ELECT TO NOT PARTICIPATE IN THE SPECIAL PROCESS  TO  RESOLVE
TITLE  ISSUES  REGARDING  THE  ABOVE-REFERENCED  PARCEL AS AUTHORIZED BY
TITLE NINETEEN OF ARTICLE NINE OF THE ENVIRONMENTAL CONSERVATION LAW.  I
(WE)  UNDERSTAND  THAT:  WITHIN TWENTY-FOUR MONTHS OF MY (OUR) FILING OF
THIS NOTICE, THE ATTORNEY GENERAL SHALL COMMENCE AN ACTION IN A COURT OF
COMPETENT  JURISDICTION  TO  DETERMINE  TITLE TO SUCH PARCEL; NOTHING IN
TITLE NINETEEN OF ARTICLE NINE OF  THE  ENVIRONMENTAL  CONSERVATION  LAW
SHALL  BE  APPLICABLE  TO  SUCH  LITIGATION; AND FAILURE BY THE ATTORNEY
GENERAL TO COMMENCE SUCH ACTION WITHIN SUCH TWENTY-FOUR MONTH TIME FRAME
SHALL NOT SUBSEQUENTLY PREVENT THE ATTORNEY GENERAL FROM COMMENCING SUCH
AN ACTION OR CREATE A PRESUMPTION AGAINST THE STATE'S CLAIM OF TITLE.
SIGNATURE
(NOTARIZATION)
  S 2. This act shall take effect on the  same  date  and  in  the  same
manner  as a "CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing
an amendment to section 1 of article 14 of the constitution, in relation
to disputed title in township 40, Totten and Crossfield Purchase, in the
town of Long Lake, Hamilton county," takes  effect  in  accordance  with
section 1 of article 19 of the constitution.

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