Senate Bill S2748

2011-2012 Legislative Session

Requires the commissioner of parks, recreation and historic preservation to acquire the mineral interests under all land acquired or received by him or her

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Archive: Last Bill Status - In Senate Committee Cultural Affairs, Tourism, Parks And Recreation 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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2011-S2748 (ACTIVE) - Details

See Assembly Version of this Bill:
A5676
Current Committee:
Senate Cultural Affairs, Tourism, Parks And Recreation
Law Section:
Parks, Recreation and Historic Preservation Law
Laws Affected:
Amd §3.17, Pks & Rec L
Versions Introduced in Other Legislative Sessions:
2009-2010: S7892, A10642
2013-2014: S917, A5803
2015-2016: S1007, A805
2017-2018: S3439
2019-2020: S2940
2021-2022: S1430
2023-2024: S1519

2011-S2748 (ACTIVE) - Summary

Requires the commissioner of parks, recreation and historic preservation to acquire the mineral interests under all land acquired or received by the state for the office of parks, recreation and historic preservation, unless the commissioner of parks, recreation and historic preservation finds that the land is of great significance and importance to the state.

2011-S2748 (ACTIVE) - Sponsor Memo

2011-S2748 (ACTIVE) - Bill Text download pdf

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

                                  2748

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 31, 2011
                               ___________

Introduced  by  Sen. SERRANO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Cultural Affairs, Tourism,
  Parks and Recreation

AN ACT to amend the parks, recreation and historic preservation law,  in
  relation  to  requiring  the  office of parks, recreation and historic
  preservation to acquire all mineral rights to real  property  acquired
  by such office

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

  Section 1. Subdivision 1 of section 3.17 of the parks, recreation  and
historic  preservation  law,  as  amended  by chapter 727 of the laws of
1978, is amended to read as follows:
  1. Notwithstanding any other provision of law,  the  commissioner  may
acquire such property as may be necessary for the purposes and functions
of  the  office, within the amounts appropriated or available therefore.
Such property may be acquired pursuant to the provisions of the  eminent
domain  procedure law, or by purchase, lease, exchange, grant, condemna-
tion, gift, devise, bequest, or by any other lawful means. No real prop-
erty shall be so acquired unless the title thereto is  approved  by  the
attorney  general.    PROVIDED,  FURTHER, THAT NO REAL PROPERTY SHALL BE
ACQUIRED, RECEIVED, HELD OR ADMINISTERED BY THE COMMISSIONER UNLESS  THE
MINERAL  RIGHTS  ON AND UNDER SUCH LAND ARE ALSO ACQUIRED BY THE COMMIS-
SIONER IN THE NAME OF THE PEOPLE OF THE STATE  OF  NEW  YORK;  PROVIDED,
HOWEVER,  THAT THE COMMISSIONER MAY ACQUIRE, RECEIVE, HOLD OR ADMINISTER
REAL PROPERTY TO WHICH HE OR SHE HAS NOT  ACQUIRED  THE  MINERAL  RIGHTS
THERETO IN ANY CASE IN WHICH THE COMMISSIONER FINDS THAT SUCH REAL PROP-
ERTY IS OF GREAT SIGNIFICANCE AND IMPORTANCE TO THE STATE.  PRIOR TO THE
ACQUISITION,  RECEIPT, HOLDING OR ADMINISTRATION OF REAL PROPERTY BY THE
OFFICE TO WHICH THE COMMISSIONER HAS NOT  ACQUIRED  THE  MINERAL  RIGHTS
THERETO, THE COMMISSIONER SHALL ISSUE AN ANALYTICAL REPORT THAT PROVIDES
JUSTIFICATION  AND THE RATIONALE FOR SUCH PROPERTY ACQUISITION, NOTWITH-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00401-01-1
              

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