Senate Bill S5428

2009-2010 Legislative Session

Requires purchasers of real property within 500 feet of an agricultural district to be provided with disclosure of farming activities within such district

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Archive: Last Bill Status - In Senate Committee Agriculture Committee

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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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to agriculture
Jul 16, 2009	committed to rules
May 26, 2009	advanced to third reading
May 20, 2009	2nd report cal.
May 19, 2009	1st report cal.382
May 12, 2009	reported and committed to finance
May 04, 2009	referred to agriculture

co-Sponsors

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2009-S5428 (ACTIVE) - Details

See Assembly Version of this Bill:: A7835
Current Committee:: Senate Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §§308 & 310, Ag & Mkts L; amd §§333 & 333-c, RP L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S4958, A5825
2013-2014: S3860, A1393
2015-2016: S6866, A1030
2017-2018: S1507

2009-S5428 (ACTIVE) - Summary

Requires purchasers of real property within 500 feet of the boundary of an agricultural district to be provided with disclosure of farming activities within such district.

2009-S5428 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5428              REVISED 05/20/09

 TITLE OF BILL :

An act to amend the agriculture and markets law and the real property
law, in relation to agricultural disclosure requirements for
agricultural districts


 PURPOSE :

To notify prospective purchasers of real property that is in close
proximity to farm operations conducted in an agricultural district
about impacts of such operations and the State's right to farm policy.

 SUMMARY OF PROVISIONS :

The bill amends sections 308 and 310 of the agricultural and markets
law, and sections 333 and 333-c of the real property law to include
notification by grantors or sellers to prospective purchasers of real
property within five hundred feet of the boundary of an agricultural
district of their proximity to farm operations and potential impacts
on neighbors.

 EXISTING LAW :

Current law requires notification to prospective buyers of real
property partially or wholly within an agricultural district.

 JUSTIFICATION :

People moving to rural areas sometimes locate near farm operations. It
is important to notify prospective purchasers about the existence of
farm operations and their potential for impacts on neighbors.

Under current law, when a person seeks to purchase land "partially or
wholly within an agricultural district", they are given advance notice
(a disclosure notice) that some or all of the property lies within
such a district and are urged to contact the NYS Department of
Agriculture and Markets for additional information about farm
operations conducted in agricultural districts.

This bill would extend that notice to prospective purchasers of
property within 500 feet of the agricultural district boundary. There
is precedence in New York State law for using 500 feet as a measure.
Chapter 658 of the laws of2005, also a Rural Resources Commission
bill, required that municipalities provide notice to their neighbors
when undertaking certain planning and zoning actions within 500 feet
of a neighboring municipality. Also, increasingly, agricultural
districts are being broken up into smaller parcels. This may result in
properties that were formerly within agricultural districts now being
outside such boundaries and no longer subject to the existing law.

Grantors or sellers can access information about a property's distance
from an agricultural district boundary from county offices. Every
county in the State has the ability to determine a parcel's location
in relation to an agricultural district. In addition, the NYS
Department of Agriculture and Markets has computerized maps of every
agricultural district. This bill requires Agriculture & Markets to
assist counties in providing such information and maps that could be
used to easily identify detailed information about the boundaries of
agriculture districts. In many counties this information is available
to the public via the county website. Such information would be
sufficient to meet the standard in this bill that sellers are required
to use only "readily available" information to determine if their
property would be affected.
 LEGISLATIVE HISTORY :

2008: A.10169-A/S.7061-A

 FISCAL IMPLICATIONS :

None.

 LOCAL FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
Immediately.

2009-S5428 (ACTIVE) - Bill Text download pdf

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

                                  5428

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               May 4, 2009
                               ___________

Introduced by Sens. AUBERTINE, STACHOWSKI, VALESKY, WINNER, YOUNG -- (at
  request  of  the  Legislative  Commission  on Rural Resources) -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee on Agriculture

AN  ACT  to  amend the agriculture and markets law and the real property
  law, in relation to agricultural disclosure requirements for  agricul-
  tural districts

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

  Section 1. Subdivision 5 of section 308 of the agriculture and markets
law, as added by chapter 248 of the laws of 2006, is amended to read  as
follows:
  5.  The  commissioner  shall develop and make available to prospective
grantors and purchasers of ANY PARCEL OF real property located partially
or wholly within any agricultural district, OR PARTIALLY OR WHOLLY WITH-
IN FIVE HUNDRED FEET OF THE BOUNDARY OF  AN  AGRICULTURAL  DISTRICT,  in
this  state  and to the general public, practical information related to
the right to farm as set forth in this article including, but not limit-
ed to right to farm  disclosure  requirements  established  pursuant  to
section  three  hundred  ten  of  this article and section three hundred
thirty-three-c of the real property law.  THE COMMISSIONER SHALL  ASSIST
COUNTY  GOVERNMENTS  TO  MAKE  AVAILABLE  AND ACCESSIBLE, TO THE MAXIMUM
EXTENT PRACTICABLE, INFORMATION INCLUDING BUT NOT  LIMITED  TO  MAPS  OF
SUCH  AGRICULTURAL DISTRICTS IN A MANNER THAT CAN BE USED TO ASSIST SUCH
GRANTORS AND PURCHASERS TO READILY IDENTIFY PROPERTIES THAT ARE  SUBJECT
TO RIGHT TO FARM DISCLOSURE REQUIREMENTS ESTABLISHED PURSUANT TO SECTION
THREE   HUNDRED   TEN   OF   THIS  ARTICLE  AND  SECTION  THREE  HUNDRED
THIRTY-THREE-C OF THE REAL PROPERTY LAW, PROVIDED, HOWEVER, THE  COMMIS-
SIONER SHALL NOT BE RESPONSIBLE FOR VERIFYING INDIVIDUAL PARCELS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10564-01-9

S. 5428                             2

  S  2. Subdivision 1 of section 310 of the agriculture and markets law,
as amended by chapter 248 of the laws of 2006, is  amended  to  read  as
follows:
  1.  When  any  purchase  and  sale contract is presented for the sale,
purchase, or exchange of A PARCEL OF real property located partially  or
wholly  within  an  agricultural district, OR PARTIALLY OR WHOLLY WITHIN
FIVE HUNDRED FEET OF THE BOUNDARY OF AN  AGRICULTURAL  DISTRICT,  estab-
lished pursuant to the provisions of this article, the prospective gran-
tor  shall  present to the prospective grantee a disclosure notice which
states the following:
  "It is the policy of  this  state  and  this  community  to  conserve,
protect  and  encourage  the development and improvement of agricultural
land for the production of food, and other products, and  also  for  its
natural  and  ecological  value.  This  disclosure  notice  is to inform
prospective residents that the property they are about to  acquire  lies
partially  or  wholly  within  an agricultural district, OR PARTIALLY OR
WHOLLY WITHIN FIVE HUNDRED FEET  OF  THE  BOUNDARY  OF  AN  AGRICULTURAL
DISTRICT,  and  that  farming activities occur within the district. Such
farming activities may include, but not be limited to,  activities  that
cause  noise,  dust  and  odors. Prospective residents are also informed
that the location of property within an agricultural district OR  WITHIN
FIVE HUNDRED FEET OF THE BOUNDARY OF AN AGRICULTURAL DISTRICT may impact
the  ability  to  access  water  and/or sewer services for such property
under certain  circumstances.    Prospective  purchasers  are  urged  to
contact  the  New  York  State  Department of Agriculture and Markets to
obtain additional information or clarification  regarding  their  rights
and obligations under article 25-AA of the Agriculture and Markets Law."
IN  DETERMINING  IF THE PARCEL OF REAL PROPERTY IN THE SALES CONTRACT IS
SUBJECT TO THE PROVISIONS OF THIS SUBDIVISION, SUCH  GRANTOR  OR  SELLER
SHALL ONLY BE REQUIRED TO USE INFORMATION THAT IS READILY AVAILABLE FROM
COUNTY GOVERNMENTS, INCLUDING BUT NOT LIMITED TO MAPS OF PARCELS OF REAL
PROPERTY  THAT  ARE PARTIALLY OR WHOLLY WITHIN AN AGRICULTURAL DISTRICT,
OR PARTIALLY OR WHOLLY WITHIN FIVE HUNDRED FEET OF THE  BOUNDARY  OF  AN
AGRICULTURAL DISTRICT.
  S  3. Subparagraph 5 of paragraph ii of subdivision 1-e of section 333
of the real property law, as amended by section 1 of part B  of  chapter
57 of the laws of 2004, is amended to read as follows:
  (5)  a  statement indicating whether the parcel is located in an agri-
cultural district OR WITHIN FIVE HUNDRED FEET  OF  THE  BOUNDARY  OF  AN
AGRICULTURAL  DISTRICT  and, if so, whether a disclosure notice has been
provided pursuant to section three hundred thirty-three-c of this  arti-
cle and section three hundred ten of the agriculture and markets law;
  S 4. Section 333-c of the real property law, as amended by chapter 411
of the laws of 1998, subdivision 1 as amended by chapter 248 of the laws
of 2006, is amended to read as follows:
  S  333-c.  Lands  in  agricultural  districts; disclosure. 1. When any
purchase and sales contract is presented  for  the  sale,  purchase,  or
exchange of A PARCEL OF real property located partially or wholly within
an  agricultural  district,  OR  PARTIALLY OR WHOLLY WITHIN FIVE HUNDRED
FEET OF THE BOUNDARY OF AN AGRICULTURAL DISTRICT,  established  pursuant
to  the  provisions  of  article  twenty-five-AA  of the agriculture and
markets law, the prospective grantor shall present  to  the  prospective
grantee a disclosure notice which states the following:
  "It  is  the  policy  of  this  state  and this community to conserve,
protect and encourage the development and  improvement  of  agricultural
land  for  the  production of food, and other products, and also for its

S. 5428                             3

natural and ecological  value.  This  disclosure  notice  is  to  inform
prospective  residents  that the property they are about to acquire lies
partially or wholly within an  agricultural  district,  OR  WITHIN  FIVE
HUNDRED FEET OF THE BOUNDARY OF AN AGRICULTURAL DISTRICT, and that farm-
ing  activities  occur  within the district. Such farming activities may
include, but not be limited to, activities that cause  noise,  dust  and
odors.  Prospective  residents  are  also  informed that the location of
property within an agricultural  district  may  impact  the  ability  to
access  water  and/or  sewer  services  for  such property under certain
circumstances.  Prospective purchasers are urged to contact the New York
State Department of Agriculture and Markets to obtain additional  infor-
mation  or  clarification  regarding  their rights and obligations under
article 25-AA of the Agriculture and Markets Law."
  2. IN DETERMINING IF THE PARCEL OF REAL PROPERTY IN THE SALES CONTRACT
IS SUBJECT TO THE PROVISIONS OF THIS SUBDIVISION, SUCH GRANTOR OR SELLER
SHALL ONLY BE REQUIRED TO USE INFORMATION THAT IS READILY AVAILABLE FROM
COUNTY GOVERNMENTS, INCLUDING BUT NOT LIMITED TO MAPS OF PARCELS OF REAL
PROPERTY THAT ARE PARTIALLY OR WHOLLY WITHIN AN  AGRICULTURAL  DISTRICT,
OR  PARTIALLY  OR  WHOLLY WITHIN FIVE HUNDRED FEET OF THE BOUNDARY OF AN
AGRICULTURAL DISTRICT.
  3. Such disclosure notice shall be signed by the  prospective  grantor
and grantee prior to the sale, purchase or exchange of such real proper-
ty.
  [3.] 4. Failure of the seller to provide such information to the buyer
shall not prevent the recording officer from filing such deed.
  S 5. This act shall take effect immediately.

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Senate Bill S5428

Sponsored By

Archive: Last Bill Status - In Senate Committee Agriculture Committee

Actions

co-Sponsors

2009-S5428 (ACTIVE) - Details

2009-S5428 (ACTIVE) - Summary

2009-S5428 (ACTIVE) - Sponsor Memo

2009-S5428 (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Darrel J. Aubertine

Archive: Last Bill Status - In Senate Committee Agriculture Committee

Actions

co-Sponsors

William T. Stachowski

David J. Valesky

George Winner

Catharine Young

2009-S5428 (ACTIVE) - Details

2009-S5428 (ACTIVE) - Summary

2009-S5428 (ACTIVE) - Sponsor Memo

2009-S5428 (ACTIVE) - Bill Text download pdf

Comments