senate Bill S4762A

2011-2012 Legislative Session

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

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Archive: Last Bill Status -


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

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Actions

view actions (17)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 21, 2012 referred to environmental conservation
delivered to assembly
passed senate
Mar 29, 2012 advanced to third reading
Mar 28, 2012 2nd report cal.
Mar 27, 2012 1st report cal.460
Mar 23, 2012 print number 4762a
amend and recommit to environmental conservation
Jan 04, 2012 referred to environmental conservation
returned to senate
died in assembly
Jun 14, 2011 referred to environmental conservation
delivered to assembly
passed senate
ordered to third reading cal.1237
Jun 13, 2011 committee discharged and committed to rules
Apr 20, 2011 referred to environmental conservation

Votes

view votes

Mar 27, 2012 - Environmental Conservation committee Vote

S4762A
13
0
committee
13
Aye
0
Nay
0
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Environmental Conservation committee vote details

Environmental Conservation Committee Vote: Mar 27, 2012

excused (1)

Jun 14, 2011 - Rules committee Vote

S4762
23
0
committee
23
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

S4762 - Details

Law Section:
Environmental Conservation Law
Laws Affected:
Amd §§49-0303 & 49-0305, En Con L

S4762 - Summary

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

S4762 - Sponsor Memo

S4762 - Bill Text download pdf

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

    S. 4762                                                  A. 7240

                       2011-2012 Regular Sessions

                      S E N A T E - A S S E M B L Y

                             April 20, 2011
                               ___________

IN  SENATE  --  Introduced  by  Sen.  McDONALD -- read twice and ordered
  printed, and when printed to be committed to the Committee on Environ-
  mental Conservation

IN ASSEMBLY -- Introduced by M. of  A.  ENGLEBRIGHT  --  read  once  and
  referred 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 45  of  the  laws  of  1997,  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 and the Central Pine Barrens joint planning  and  policy
commission.
  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10743-02-1

S4762A (ACTIVE) - Details

Law Section:
Environmental Conservation Law
Laws Affected:
Amd §§49-0303 & 49-0305, En Con L

S4762A (ACTIVE) - Summary

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

S4762A (ACTIVE) - Sponsor Memo

S4762A (ACTIVE) - Bill Text download pdf

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

    S. 4762--A                                            A. 7240--A

                       2011-2012 Regular Sessions

                      S E N A T E - A S S E M B L Y

                             April 20, 2011
                               ___________

IN  SENATE  --  Introduced  by  Sen.  McDONALD -- read twice and ordered
  printed, and when printed to be committed to the Committee on Environ-
  mental Conservation -- recommitted to the Committee  on  Environmental
  Conservation  in  accordance  with  Senate Rule 6, sec. 8 -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

IN ASSEMBLY -- Introduced by M. of  A.  ENGLEBRIGHT  --  read  once  and
  referred to the Committee on Environmental Conservation -- recommitted
  to  the  Committee  on  Environmental  Conservation in accordance with
  Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10743-03-2

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