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 - Passed Senate


  • 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

Bill Amendments

Original
A (Active)
Original
A (Active)

S4762 - Bill Details

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

S4762 - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S4762

TITLE OF BILL:
An act
to amend the environmental conservation law, in relation to expanding
the definition of "public body" for purposes of conservation easements

PURPOSE OR GENERAL IDEA OF BILL:
Includes the federal government
within the definition of "public body" for purposes of conservation
easements

SUMMARY OF SPECIFIC PROVISIONS:
Adds the federal government to the
"public body" definition of subdivision 3 of section 49-0303 of the
environmental conservation law, as amended by chapter 45 of the laws
of 1997.

JUSTIFICATION:
Currently federal entities, such as our National Parks,
are not included in the definition of public body for purposes of
conservation easement. This bill will add federal entities to the
definition of public body so that a conservation easement may be
enforced in law or equity by its grantor, its holder or by a public
body or any not-for-profit conservation organization designated in
the easement as having a third party enforcement right.

PRIOR LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

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                    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

S. 4762                             2                            A. 7240

enforcement of such easement or provides for the exercise of  the  power
of  eminent  domain.  It  is  not  a  defense in any action to enforce a
conservation easement that:
  S 3. Paragraph (b) of subdivision 7 of section 49-0305 of the environ-
mental  conservation law, as amended by chapter 292 of the laws of 1984,
is amended to read as follows:
  (b) standards and procedures which require each conservation  easement
held  by  a  public  body, OTHER THAN THE FEDERAL GOVERNMENT, to include
terms under which the easement shall be modified where the  commissioner
has  found  after  a non-adjudicatory public hearing at which the public
shall be given opportunity to be heard, that such easement is inconsist-
ent with any other interest in land required for  the  local  gathering,
transmission  or  distribution  of gas, electricity, water, telephone or
cable television services and that no reasonable alternative exists  for
the  local  gathering,  transmission  or  distribution  of such service.
Notice of any such hearing shall be given  to  the  public  pursuant  to
thirty  days  published  notice in the state register, the environmental
notice bulletin and in a newspaper having  general  circulation  in  the
county  where the real property burdened by the easement is situated and
individual notice shall be given in writing to any  person  who  may  be
entitled to enforce such easement pursuant to the provisions of subdivi-
sion five of this section at such address as such person shall file with
the commissioner.
  S 4. This act shall take effect immediately.

S4762A (ACTIVE) - Bill Details

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

S4762A (ACTIVE) - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S4762A

TITLE OF BILL:
An act
to amend the environmental conservation law, in relation to expanding
the definition of "public body" for purposes of conservation easements

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

SUMMARY OF PROVISIONS:
Adds the federal government to the "public body" definition of
subdivision 3 of section 49-0303 of the environmental conservation
law, as amended by chapter 45 of the laws of 1997.

JUSTIFICATION:
Currently federal entities, such as our National Parks, are not
included in the definition of public body for purposes of
conservation easement. This bill will add federal entities to the
definition of public body so that a conservation easement may be
enforced in law or equity by its grantor, its holder or by a public
body or any not-for-profit conservation organization designated in
the easement as having a third party enforcement right.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

LOCAL FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

view full 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

S. 4762--A                          2                         A. 7240--A

  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
of eminent domain. It is not a  defense  in  any  action  to  enforce  a
conservation easement that:
  S 3. Paragraph (b) of subdivision 7 of section 49-0305 of the environ-
mental  conservation law, as amended by chapter 292 of the laws of 1984,
is amended to read as follows:
  (b) standards and procedures which require each conservation  easement
held  by  a  public  body, OTHER THAN THE FEDERAL GOVERNMENT, to include
terms under which the easement shall be modified where the  commissioner
has  found  after  a non-adjudicatory public hearing at which the public
shall be given opportunity to be heard, that such easement is inconsist-
ent with any other interest in land required for  the  local  gathering,
transmission  or  distribution  of gas, electricity, water, telephone or
cable television services and that no reasonable alternative exists  for
the  local  gathering,  transmission  or  distribution  of such service.
Notice of any such hearing shall be given  to  the  public  pursuant  to
thirty  days  published  notice in the state register, the environmental
notice bulletin and in a newspaper having  general  circulation  in  the
county  where the real property burdened by the easement is situated and
individual notice shall be given in writing to any  person  who  may  be
entitled to enforce such easement pursuant to the provisions of subdivi-
sion five of this section at such address as such person shall file with
the commissioner.
  S 4. This act shall take effect immediately.

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