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