senate Bill S678

Requires public administrators to provide notice prior to the disposal of certain properties

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Sponsor

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 JUDICIARY
  • 08 / Jan / 2014
    • REFERRED TO JUDICIARY

Summary

Requires public administrators to provide notice to the local government and municipal landmark board prior to the disposal of certain historic properties.

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Bill Details

See Assembly Version of this Bill:
A3686
Versions:
S678
Legislative Cycle:
2013-2014
Current Committee:
Senate Judiciary
Law Section:
Surrogate's Court Procedure Act
Laws Affected:
Add ยง1220, SCPA
Versions Introduced in 2011-2012 Legislative Cycle:
S7461, A9976

Sponsor Memo

BILL NUMBER:S678

TITLE OF BILL:
An act
to amend the
surrogate's court procedure act, in relation to requiring public
administrators to provide notice prior to the disposal of certain
properties

PURPOSE OR GENERAL IDEA OF BILL:
Requires public administrators to
provide notice prior to the disposal of certain properties

SUMMARY OF SPECIFIC REVISIONS:
Section 1 of the bill amends the surrogate's court procedure act by
adding a new section 1220 to read as follows:

The public administrator shall notify the local government, including
council members and board of trustees, and, where-applicable; the
municipal landmark board prior to disposing of any interstate
property which is on the national register of historic places, the
state register of historic places or which is seventy-five years or
older.

JUSTIFICATION:
When a person dies without a "LAST WILL AND TESTAMENT," that person's
estate must go through our Surrogate Court system. Each year
thousands of deeds and the ownership of buildings will transfer to
other people without a will. In doing so, the only people notified
are those that are receiving the property. This bill will insure that
protections are in place for certain buildings that are registered as
a state historic landmark, national historic landmark or buildings
seventy-five years or older. The local governments and/or landmark
preservation boards, once notified, will be able to make and offer to
get ownership of these buildings or at the very least, provide the
new owners with all the appropriate information that indicates its
current status.

PRIOR LEGISLATIVE HISTORY:
New bill 2012
2012 - S.7461 - Died - Judiciary

FISCAL IMPLICATIONS:
None to the state.

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
________________________________________________________________________

                                   678

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  STEWART-COUSINS -- read twice and ordered printed,
  and when printed to be committed to the Committee on Judiciary

AN ACT to amend the surrogate's court  procedure  act,  in  relation  to
  requiring  public  administrators  to  provide  notice  prior  to  the
  disposal of certain properties

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

  Section 1.  The surrogate's court procedure act is amended by adding a
new section 1220 to read as follows:
S 1220. NOTICE PRIOR TO DISPOSAL OF PROPERTY
  THE  PUBLIC ADMINISTRATOR SHALL NOTIFY THE LOCAL GOVERNMENT, INCLUDING
MUNICIPAL COUNCIL MEMBERS AND MEMBERS OF MUNICIPAL BOARDS  OF  TRUSTEES,
AND,  WHERE  APPLICABLE, THE MUNICIPAL LANDMARK BOARD PRIOR TO DISPOSING
OF ANY INTESTATE PROPERTY WHICH IS ON THE NATIONAL REGISTER OF  HISTORIC
PLACES,  THE  STATE REGISTER OF HISTORIC PLACES OR WHICH IS SEVENTY-FIVE
YEARS OR OLDER.
  S 2. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03305-01-3

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