NY State Senate Bill 2011-S7659

Senate Bill S7659

2011-2012 Legislative Session

Implements the settlement of land disputes between the state and private parties with regard to parcels in township 40, Totten and Crossfield Purchase, Long Lake

download bill text pdf

Archive: Last Bill Status - In Assembly 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 20, 2012	referred to environmental conservation delivered to assembly passed senate ordered to third reading cal.1399
Jun 12, 2012	referred to rules

Votes

- Jun 20, 2012 - Floor Vote
  S7659
  
  60
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 20, 2012
      
      aye (60)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Avella
      
      Ball
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Farley
      
      Flanagan
      
      Fuschillo
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Grisanti
      
      Hannon
      
      Hassell-Thompson
      
      Johnson
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Libous
      
      Little
      
      Marcellino
      
      Martins
      
      Maziarz
      
      McDonald
      
      Montgomery
      
      Nozzolio
      
      O'Mara
      
      Oppenheimer
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Storobin
      
      Valesky
      
      Young
      
      Zeldin
      
      excused (2)
      
      Espaillat
      
      Huntley
  Jun 20, 2012 - Rules Committee Vote
  S7659
  
  24
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 20, 2012
      
      aye (24)
      
      Alesi
      
      Breslin
      
      Dilan
      
      Duane
      
      Farley
      
      Fuschillo
      
      Hannon
      
      Hassell-Thompson
      
      Johnson
      
      Krueger
      
      LaValle
      
      Larkin
      
      Libous
      
      Marcellino
      
      Maziarz
      
      Nozzolio
      
      Parker
      
      Perkins
      
      Saland
      
      Sampson
      
      Seward
      
      Skelos
      
      Smith
      
      Stewart-Cousins
      
      aye wr (1)
      
      Montgomery

2011-S7659 (ACTIVE) - Details

Current Committee:: Assembly Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 9 Title 19 §§9-1901 - 9-1915, En Con L

2011-S7659 (ACTIVE) - Summary

Establishes provisions of law, as authorized by a proposed constitutional amendment, providing for the settlement of land disputes between the state and private parties with regard to parcels in township 40, Totten and Crossfield Purchase, in the town of Long Lake, county of Hamilton.

2011-S7659 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S7659

TITLE OF BILL:
An act
to amend the environmental conservation law, in relation to providing for
the settlement of a land dispute between the state and private parties
with regard to parcels in township 40, Totten and Crossfield Purchase,
in the town of Long Lake, county of Hamilton

PURPOSE:
This bill amends the Environmental Conservation Law (ECL) to
implement a constitutional amendment authorizing resolution of 100
year old competing claims of title between the State and private
parties in Township Forty, Trotten and Crossfield Purchase (Raquette
Lake), in the town of Long Lake, Hamilton county (Township Forty.)

SUMMARY OF PROVISIONS:
Section 1 of this bill adds a new Title 19 to Article 9 of the
Environmental Conservation Law (ECL), titled Township Forty
Settlement Act.

ECL §9-1901 states the legislative purpose and intent of the act.

ECL §9-1903 sets forth the definitions of the Act.

ECL §9-1905 sets forth the list of disputed parcels in Township 40.

ECL §9-1907 sets for the process for clearing title to disputed
parcels. Occupants of contested parcel would be required to make
payments to the Town of Long Lake (the Town), which would apply such
payments towards the acquisition of land for conveyance to the State
for inclusion in the Forest Preserve. Such land, subject to
legislative approval, would be required to have a net benefit to the
Forest Preserve when compared to the contested parcels. Occupants
would be permitted to convey land in fee to the state or an easement
to the Town, the value of which would reduce the payment due for the
contested parcel. The state will relinquish its claim to contested
parcels upon the acquisition of such land from the Town.

ECL §9-1909 directs the Office of the Attorney General to file suit
under the Real Property Actions and Proceeding Law against any person
who claims title to a disputed parcel but declines to participate in
the process for clearing title set forth in ECL §9-1704.

ECL §9-1913 clarifies that the Adirondack Park Agency retains
regulatory jurisdiction over any land located within Township 40.

ECL §9-1915 sets forth the form to be used by persons who claim title
to disputed parcels but decline to participate in the process for
clearing title set forth in ECL §9-1907.

§2 of the bill provides that the act is effective upon passage of a
constitutional amendment authorizing legislation to resolve contested
title in Township 40.

JUSTIFICATION:


The goal of this legislation is to resolve, in an equitable manner,
a 100 year dispute between the State of New York and private parties
involving legal title to more than 200 parcels of land in Township
Forty. Litigation over this matter has resulted in a mix of court
decisions, with some favorable to the State and some favorable to the
occupants. However, litigation over Township 40 title is extremely
complex and time consuming because there are fifty intermingled
chains of title in the Township and it is difficult to develop proof
on what mayor may not have happened more than 100 years ago, prior to
the State's acquisition of its chain of title. For instance, it
cannot now be established with any reasonable degree of certainty
whether tax sales that occurred more than 100 years ago complied with
applicable legal requirements, or whether a current occupant's
distant predecessor in title may have acquired title through adverse
possession against the State's distant predecessor in title 100 years
ago.

This legislation list the parcels which are in dispute and provides
that the State will relinquish its claim to those parcels once the
Town of Long Lake (Town) applies all payments received from those
claiming title to contested parcels towards the acquisition of land
by the State for inclusion in the Forest Preserve that provides a net
benefit to the Forest Preserve when compared to the disputed parcels.
This conveyance will be subject to legislative approval. The
"replacement lane" requirement will ensure that the overall integrity
of the Forest Preserve is not diminished and in fact would be
enhanced. Currently, the public has no opportunity to recreate on the
contested parcels because they are currently occupied by the private
camps, primary residences and private businesses.

The Town will apply all payments received from the occupants to
acquire the "replacement land." The amount an occupant would be
required to pay the Town will vary depending upon the assessed value
of the person's disputed parcel. The average payment per parcel will
be approximately $2,900, and the total of such payments will be
approximately $627,000. Applying the formula set forth in ECL

§9-1704, the smallest required payment for a parcel will be
approximately $2,007 and the largest payment will be approximately
$7,900.

The legislation enables occupants to opt out of the settlement.
However, since the goal of the legislation is to resolve each and
every title dispute in Township 40, the legislation directs the
Office of the Attorney General to commence litigation to determine
the title to any "opted out" parcel within two years.

The legislation also allows an occupant to reduce his or her payment
to the Town if they either convey a portion of the disputed parcel in
fee to the State or convey a conservation easement
over all or a part of the disputed parcel to the Town, with a
secondary right of enforcement in the State. This provision, coupled
with existing Adirondack Park Agency jurisdiction over private lands
in the Adirondack Park, should keep development along the shoreline
of Raquette Lake within reasonable limits.

LEGISLATIVE HISTORY:


In 2008, a concurrent resolution (A.11734 and S.8658-A) authorizing a
constitutional amendment to be placed on the ballot to resolve
Township 40 title disputes received first passage by the legislature
but did not receive second passage. Legislation to implement such an
amendment has not previously been introduced.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This bill would take effect upon passage of a constitutional amendment
authorizing legislation to resolve contested title in Township 40.

2011-S7659 (ACTIVE) - Bill Text download pdf

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

                                  7659

                            I N  S E N A T E

                              June 12, 2012
                               ___________

Introduced  by  Sen.  LITTLE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  providing  for  the settlement of a land dispute between the state and
  private parties with regard to parcels  in  township  40,  Totten  and
  Crossfield Purchase, in the town of Long Lake, county of Hamilton

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

  Section 1. Article 9 of the environmental conservation law is  amended
by adding a new title 19 to read as follows:
                                 TITLE 19
                      TOWNSHIP FORTY SETTLEMENT ACT
SECTION 9-1901. LEGISLATIVE PURPOSE AND INTENT.
        9-1903. DEFINITIONS.
        9-1905. LIST OF DISPUTED PARCELS.
        9-1907. PROCESS FOR CLEARING TITLE.
        9-1909. ATTORNEY GENERAL TO FILE SUIT.
        9-1911. CONVEYANCES TO THE STATE.
        9-1913. ADIRONDACK PARK AGENCY JURISDICTION.
        9-1915. NOTICE OF NONPARTICIPATION FORMAT.
S 9-1901. LEGISLATIVE PURPOSE AND INTENT.
  1.  DURING  THE  LAST  ONE  HUNDRED  YEARS, BOTH THE STATE AND PRIVATE
PARTIES HAVE CLAIMED TITLE TO  IDENTICAL  PORTIONS  OF  TOWNSHIP  FORTY,
TOTTEN  AND  CROSSFIELD  PURCHASE,  IN  THE TOWN OF LONG LAKE, COUNTY OF
HAMILTON.  INDEED, SOME PRIVATE PARTIES HAVE  OCCUPIED  AND  IMPROVED  A
NUMBER  OF  SUCH  PARCELS  TO  WHICH THE STATE CLAIMS TITLE AND, IN MANY
CASES, BOTH THE STATE AND  PRIVATE  PARTIES  HAVE  PAID  TAXES  ON  SUCH
PARCELS. IN THE LAST SEVERAL DECADES, THE STATE AND SOME PRIVATE PARTIES
HAVE  COMMENCED  LITIGATION,  AT  SIGNIFICANT  EXPENSE  AND WITH LIMITED
SUCCESS, TO ESTABLISH THEIR RESPECTIVE CLAIMS OVER DISPUTED PARCELS.  AS
A  RESULT  OF LONGSTANDING CLAIMS TO DISPUTED PARCELS, THE FREE TRANSFER
OF THE PARCELS HAS BEEN INHIBITED, THEREBY CREATING ECONOMIC AND  SOCIAL
HARDSHIP  IN TOWNSHIP FORTY WHICH, IN TURN, HAS PREVENTED BOTH STATE AND
PRIVATE PARTIES FROM THE FULL USE AND  ENJOYMENT  OF  THE  PARCELS.  THE

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

                                                           LBD15881-02-2

S. 7659                             2

LEGISLATURE  HAS DETERMINED THAT THE JUDICIAL SYSTEM IS NOT AN APPROPRI-
ATE FORUM TO RESOLVE THESE LONGSTANDING TITLE DISPUTES AND THAT A STATU-
TORY SOLUTION IS REQUIRED.
  2.  FOR  THESE  REASONS AND AS AUTHORIZED BY THE PROVISIONS OF SECTION
ONE OF ARTICLE FOURTEEN OF THE STATE CONSTITUTION, THE LEGISLATURE FINDS
THAT IT IS IN THE PUBLIC INTEREST TO COMPREHENSIVELY  AND  EXPEDITIOUSLY
RESOLVE  THESE LONGSTANDING TITLE DISPUTES IN A MANNER WHICH IS FAIR AND
EQUITABLE. THE LEGISLATURE FINDS THAT IT IS IN THE BEST INTERESTS OF THE
STATE, THE COUNTY OF HAMILTON, THE TOWN OF LONG LAKE,  AND  THE  PRIVATE
PARTIES  WHO  CLAIM TITLE TO PORTIONS OF TOWNSHIP FORTY TO RESOLVE THESE
TITLE DISPUTES IN A STRUCTURED AND  EFFICIENT  MANNER  THAT  RESULTS  IN
CLARIFICATION  OF  OWNERSHIP  INTERESTS, ENHANCEMENT OF PUBLIC ACCESS TO
FOREST PRESERVE LANDS, AND THE QUIET ENJOYMENT OF PRIVATE PROPERTY.
  3. THE LEGISLATURE  FURTHER  FINDS  THAT  RESOLUTION  OF  THESE  TITLE
DISPUTES SHALL BE ACCOMPLISHED IN A MANNER THAT ENSURES THE INTEGRITY OF
THE  FOREST  PRESERVE  IN  THE ADIRONDACK PARK AND THAT RESULTS IN A NET
BENEFIT TO THE FOREST PRESERVE WHEN COMPARED TO THE CONTESTED PARCELS.
  4. THE LEGISLATURE FURTHER FINDS THAT THE  TITLE  DISPUTES  ASSOCIATED
WITH TOWNSHIP FORTY CONSTITUTE A UNIQUE SITUATION, FOUND NOWHERE ELSE IN
THE STATE, AND THAT CONSEQUENTLY IT IS EQUITABLE AND APPROPRIATE FOR THE
STATE  TO  RELINQUISH  ITS CLAIM OF TITLE TO DISPUTED PARCELS WITHIN THE
TOWNSHIP. THIS RELINQUISHMENT OF CLAIMS TO TITLE SHALL NOT BE DEEMED  TO
SET  PRECEDENT FOR THE RELINQUISHMENT OF CLAIMS TO TITLE WITH RESPECT TO
OTHER LANDS OWNED BY THE STATE.
S 9-1903. DEFINITIONS.
  FOR PURPOSES OF THIS TITLE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOW-
ING MEANINGS:
  1. "COUNTY" MEANS THE COUNTY OF HAMILTON.
  2. "DISPUTED PARCEL" MEANS A PARCEL OF LAND LOCATED IN TOWNSHIP  FORTY
TO WHICH BOTH THE STATE AND A PERSON CLAIM TITLE.
  3.  "PERSON"  MEANS  ANY  INDIVIDUAL,  FIRM, PARTNERSHIP, ASSOCIATION,
TRUST, LIMITED LIABILITY COMPANY OR CORPORATION THAT CLAIMS TITLE  TO  A
DISPUTED PARCEL.
  4. "TOWN" MEANS THE TOWN OF LONG LAKE, IN THE COUNTY OF HAMILTON.
  5.  "TOWNSHIP  FORTY"  MEANS  TOWNSHIP  FORTY,  TOTTEN  AND CROSSFIELD
PURCHASE.
S 9-1905. LIST OF DISPUTED PARCELS.
  THE FOLLOWING PARCELS OF LAND, IDENTIFIED BY THE COUNTY'S TWO THOUSAND
TEN ASSESSMENT ROLLS AND THE COUNTY'S ONLINE MAPPING SYSTEM AS OF  APRIL
FIFTH,  TWO  THOUSAND  TWELVE, AND ANY SUBSEQUENT CONVEYANCES THEREFROM,
ARE THE DISPUTED PARCELS THAT ARE THE SUBJECT OF THE PROVISIONS OF  THIS
TITLE:
  37.016-1-1.100
  37.016-1-1.210
  37.016-1-1.220
  37.016-1-2
  37.016-1-3
  37.016-1-4.110
  37.016-1-4.120
  37.016-1-4.131
  37.016-1-4.132
  37.016-1-4.140
  37.016-1-4.150
  37.016-1-4.160
  37.016-1-4.200
  37.016-1-4.300

S. 7659                             3

  37.016-1-5
  37.016-1-6
  37.016-1-8.100
  37.016-1-10,
  37.018-1-1
  44.000-1-18
  44.000-1-19
  44.000-1-20
  44.000-1-22
  44.000-1-26.100
  44.000-1-26.111
  44.000-1-26.112
  44.000-1-26.121
  44.000-1-27-112
  44.000-1-27.113
  44.000-1-27.120
  44.000-1-27.211
  44.000-1-27.212
  44.000-1-27.220
  44.000-1-28
  44.000-1-3
  44.000-1-4.111
  44.000-1-4.121
  44.000-1-4.200
  44.000-1-8
  44.000-1-9
  44.000-1-10
  44.000-1-11
  44.000-2-32.100
  44.000-2-33.100
  44.000-3-1
  44.000-3-10
  44.000-3-11
  44.000-3-12
  44.000-3-13
  44.000-3-14
  44.000-3-15
  44.000-3-16
  44.000-3-17
  44.000-3-2.100
  44.000-3-2.200
  44.000-3-3
  44.000-3-4
  44.000-3-5
  44.000-3-6
  44.000-3-7
  44.000-3-8
  44.000-3-9.100
  44.000-4-1.100
  44.000-4-1.200
  44.000-4-1.300
  44.014-1-10
  44.014-1-11.100
  44.014-1-12
  44.014-1-13
  44.014-1-2

S. 7659                             4

  44.014-1-3.100
  44.014-1-3.200
  44.014-1-4.200
  44.014-1-5
  44.014-1-6
  44.014-1-7
  44.014-1-8
  44.014-1-9
  44.014-2-1
  44.015-1-1
  44.015-1-2
  44.015-1-3
  44.015-1-4
  44.015-1-5
  44.015-1-6
  44.015-1-7
  44.015-1-8
  44.015-1-9
  44.018-1-1.110
  44.018-1-10
  44.018-1-11
  44.018-1-12
  44.018-1-13
  44.018-1-14
  44.018-1-15
  44.018-1-17
  44.018-1-18
  44.018-1-19
  44.018-1-2
  44.018-1-20
  44.018-1-21
  44.018-1-22.111
  44.018-1-22.112
  44.018-1-22.114
  44.018-1-22.115
  44.018-1-22.116
  44.018-1-22.120
  44.018-1-22.200
  44.018-1-23.111
  44.018-1-23.112
  44.018-1-23.120
  44.018-1-23.130
  44.018-1-23.200
  44.018-1-23.311
  44.018-1-23.312
  44.018-1-23.320
  44.018-1-27.110
  44.018-1-27.200
  44.018-1-28.100
  44.018-1-3
  44.018-1-4
  44.018-1-5
  44.018-1-6.100
  44.018-1-8.100
  44.018-1-8.200
  44.018-1-8.300

S. 7659                             5

  44.018-1-9
  44.018-3-1
  44.018-3-2
  44.018-3-2.100
  52.006-1-13
  52.006-1-18
  52.006-1-19.100
  52.006-1-19.200
  52.006-1-19.300
  52.006-1-20
  52.006-1-22
  52.006-1-23
  52.006-1-24
  52.006-1-25
  52.006-1-26
  52.006-1-27
  52.006-2-1
  52.006-2-10
  52.006-2-11
  52.006-2-12
  52.006-2-13
  52.006-2-14
  52.006-2-15
  52.006-2-16
  52.006-2-17
  52.006-2-18
  52.006-2-19.100
  52.006-2-19.200
  52.006-2-2.121
  52.006-2-2.122
  52.006-2-2.123
  52.006-2-2.124
  52.006-2-2.200
  52.006-2-20
  52.006-2-21.111
  52.006-2-21.112
  52.006-2-22.110
  52.006-2-22.120
  52.006-2-23.111
  52.006-2-23.112
  52.006-2-23.113
  52.006-2-23.114
  52.006-2-23.115
  52.006-2-23.116
  52.006-2-23.117
  52.006-2-23.118
  52.006-2-23.119
  52.006-2-23.120
  52.006-2-24./1
  52.006-2-24.100
  52.006-2-25.100
  52.006-2-26.100
  52.006-2-26.200
  52.006-2-27
  52.006-2-28.111
  52.006-2-28.112

S. 7659                             6

  52.006-2-28.113
  52.006-2-28.114
  52.006-2-28.120
  52.006-2-28.200
  52.006-2-29
  52.006-2-3
  52.006-2-4
  52.006-2-5
  52.006-2-6
  52.006-2-7
  52.006-2-8
  52.006-2-9
  52.011-1-1
  52.011-1-10.100
  52.011-1-10.200
  52.011-1-11
  52.011-1-2.111
  52.011-1-2.112
  52.011-1-2.113
  52.011-1-2.120
  52.011-1-2.200
  52.011-1-4.200
  52.011-1-5
  52.011-1-6
  52.011-1-7.100
  52.011-1-8
  52.011-1-9.110
  52.011-1-9.120
  52.011-1-9.211
  52.011-1-9.212
  52.011-1-9.220
  52.011-1-9.230
  52.011-1-9.300
S 9-1907. PROCESS FOR CLEARING TITLE.
  1.  WITHIN  THIRTY  DAYS  OF  THE  EFFECTIVE DATE OF THIS SECTION, THE
DEPARTMENT SHALL SEND, BY FIRST CLASS MAIL,  A  LETTER  TO  EACH  PERSON
CLAIMING  TITLE  TO  A  DISPUTED PARCEL LISTED IN SECTION 9-1905 OF THIS
TITLE, INFORMING THE PERSON THAT A  CONSTITUTIONAL  AMENDMENT  HAS  BEEN
ADOPTED  AND  LEGISLATION  ENACTED THAT AUTHORIZES A RESOLUTION OF TITLE
ISSUES ON DISPUTED PARCELS IN TOWNSHIP  FORTY,  INCLUDING  THE  DISPUTED
PARCEL  TO  WHICH  THE  PERSON CLAIMS OWNERSHIP RIGHTS.   THE DEPARTMENT
SHALL SEND A SEPARATE LETTER FOR EACH  DISPUTED  PARCEL.    SUCH  LETTER
SHALL  DESCRIBE  THE PROCESS FOR RESOLVING TITLE SET FORTH IN THIS TITLE
AND STATE THAT, UNTIL SUCH TIME AS THE STATE IS ESTOPPED FROM  ASSERTING
ITS  CLAIM OF TITLE TO THE DISPUTED PARCEL PURSUANT TO SUBDIVISION SEVEN
OF THIS SECTION, THE PERSON CLAIMING TITLE TO THE DISPUTED PARCEL  SHALL
ASSUME ALL THE RISK WITH RESPECT TO SUBDIVIDING OR ADDING NEW STRUCTURES
OR  IMPROVEMENTS  TO THE DISPUTED PARCEL. THE DEPARTMENT SHALL PROVIDE A
COPY OF EACH SUCH LETTER TO THE ATTORNEY GENERAL.
  2. WITHIN NINETY DAYS OF  THE  RECEIPT  OF  THE  DEPARTMENT'S  LETTER,
PURSUANT  TO  SUBDIVISION  ONE OF THIS SECTION, A PERSON SHALL, FOR EACH
DISPUTED PARCEL, EITHER:
  A. NOTIFY THE DEPARTMENT IN WRITING,  WITH  A  COPY  TO  THE  ATTORNEY
GENERAL AND THE TOWN, (I) THAT HE OR SHE WILL PARTICIPATE IN THE PROCESS
SET  FORTH  IN  THIS  TITLE  TO  RESOLVE TITLE TO THE DISPUTED PARCEL OR
PARCELS, AND (II) WHETHER HE OR SHE INTENDS TO PROVIDE AS A GIFT TO  THE

S. 7659                             7

STATE  A  SPECIFIED  PORTION  OF A DISPUTED PARCEL IN FEE SIMPLE WITHOUT
RESERVATIONS FOR INCLUSION IN THE  FOREST  PRESERVE  OR  A  CONSERVATION
EASEMENT  TO  THE  TOWN  RESTRICTING DEVELOPMENT OVER ALL OR A SPECIFIED
PORTION  OF  A DISPUTED PARCEL, WITH A SECONDARY RIGHT OF ENFORCEMENT IN
THE STATE; OR
  B. PROVIDE THE DEPARTMENT WITH A  NOTARIZED  STATEMENT  OF  NONPARTIC-
IPATION AS SET FORTH IN SECTION 9-1915 OF THIS TITLE, INDICATING THAT HE
OR  SHE DECLINES TO PARTICIPATE IN THE PROCESS ESTABLISHED BY THIS TITLE
TO RESOLVE TITLE TO DISPUTED PARCELS, AND PROVIDE A COPY OF  SUCH  NOTA-
RIZED STATEMENT TO THE ATTORNEY GENERAL AND THE TOWN.
  3.  WITH RESPECT TO A PARCEL OR CONSERVATION EASEMENT WHICH THE PERSON
INTENDS TO PROVIDE AS A GIFT TO THE STATE OR THE TOWN, RESPECTIVELY,  AS
SPECIFIED  IN  PARAGRAPH  A OF SUBDIVISION TWO OF THIS SECTION, THE TOWN
SHALL PROVIDE THE PERSON WITH AN ASSESSED VALUE OF THE PROPOSED  CONVEY-
ANCE,  WITH  A COPY TO THE DEPARTMENT, WITHIN ONE HUNDRED TWENTY DAYS OF
THE TOWN'S RECEIPT OF A COPY OF THE NOTIFICATION CONCERNING SUCH GIFT.
  4. WITHIN TWELVE MONTHS OF THE DATE OF THE LETTERS SENT BY THE DEPART-
MENT PURSUANT TO SUBDIVISION ONE OF THIS SECTION, ALL  PERSONS  WHO  ARE
PARTICIPATING IN THE PROCESS SET FORTH IN THIS TITLE TO RESOLVE TITLE TO
DISPUTED  PARCELS  SHALL CONVEY TO THE STATE ANY LAND WHICH SUCH PERSONS
EXPRESSED AN INTENT TO SO CONVEY PURSUANT TO PARAGRAPH A OF  SUBDIVISION
TWO  OF  THIS SECTION, AND CONVEY TO THE TOWN ANY CONSERVATION EASEMENTS
WHICH SUCH PERSONS EXPRESSED AN INTENT TO SO CONVEY  PURSUANT  TO  PARA-
GRAPH A OF SUBDIVISION TWO OF THIS SECTION, AND MAKE PAYMENT TO THE TOWN
DUE PURSUANT TO SUBDIVISION FIVE OF THIS SECTION.
  5.  PERSONS  PARTICIPATING  IN  THE PROCESS SET FORTH IN THIS TITLE TO
RESOLVE TITLE TO DISPUTED PARCELS SHALL PAY  THE  TOWN  AN  AMOUNT  THAT
APPROXIMATES  THE STATE'S ADMINISTRATIVE COSTS IN RESOLVING THE DISPUTED
PARCELS SITUATED WITHIN TOWNSHIP FORTY.  THE  PAYMENT  AMOUNT  FOR  EACH
INDIVIDUAL  DISPUTED  PARCEL SHALL BE THE SUM OF: (A) A FLAT RATE OF TWO
THOUSAND DOLLARS PER PARCEL; AND  (B)  AN  AMOUNT  EQUAL  TO  THE  TOTAL
ASSESSED  VALUE  OF  THE  PARCEL,  INCLUDING STRUCTURES AND IMPROVEMENTS
SITUATED THEREON, AS DETERMINED BY THE TWO THOUSAND TWELVE TOWN  ASSESS-
MENT,  LESS THE ASSESSED VALUE OF ANY PORTION OF SUCH PARCEL CONVEYED TO
THE STATE IN FEE OR ANY CONSERVATION  EASEMENT  CONVEYED  TO  THE  TOWN,
PURSUANT  TO  PARAGRAPH A OF SUBDIVISION TWO OF THIS SECTION, DIVIDED BY
THE TOTAL ASSESSED VALUE OF ALL DISPUTED PARCELS,  INCLUDING  STRUCTURES
AND  IMPROVEMENTS  SITUATED  THEREON  AS  DETERMINED BY THE TWO THOUSAND
TWELVE TOWN ASSESSMENT, MULTIPLIED  BY TWO HUNDRED THOUSAND DOLLARS. THE
TOWN SHALL USE ALL SUCH PAYMENTS TO ACQUIRE LAND FOR  INCLUSION  IN  THE
FOREST PRESERVE PURSUANT TO SUBDIVISION SIX OF THIS SECTION.
  6.    WITHIN  EIGHTEEN  MONTHS  OF THE DATE OF THE LETTERS SENT BY THE
DEPARTMENT PURSUANT TO SUBDIVISION ONE OF THIS SECTION,  THE  DEPARTMENT
SHALL IDENTIFY LANDS FOR THE TOWN TO ACQUIRE FOR INCLUSION IN THE FOREST
PRESERVE.  SUBJECT  TO  LEGISLATIVE APPROVAL, SUCH LANDS SHALL PROVIDE A
NET BENEFIT TO THE FOREST PRESERVE AS COMPARED TO THE  DISPUTED  PARCELS
TO WHICH THE STATE IS ESTOPPED FROM ASSERTING A CLAIM PURSUANT TO SUBDI-
VISION  SEVEN  OF THIS SECTION. THE TOWN SHALL USE ALL PAYMENTS ACQUIRED
PURSUANT TO SUBDIVISION FIVE OF THIS SECTION FOR THE ACQUISITION OF SUCH
LANDS. SUCH LANDS SHALL BE CONVEYED  FROM  THE  OWNER  DIRECTLY  TO  THE
STATE.
  7.  UPON LEGISLATIVE APPROVAL OF THE LANDS TO BE PROVIDED TO THE STATE
PURSUANT  TO  SUBDIVISION  SIX  OF  THIS  SECTION  AND  THE   SUBSEQUENT
COMPLETION  OF  SUCH CONVEYANCES TO THE STATE, AND EXCEPT AS PROVIDED IN
PARAGRAPH B OF SUBDIVISION TWO OF THIS SECTION  AND  SECTION  9-1909  OF
THIS  TITLE,  THE  STATE  SHALL  BE ESTOPPED FROM ASSERTING ANY CLAIM OF

S. 7659                             8

TITLE TO THE DISPUTED PARCELS  BASED  UPON  A.  FACTS  OR  ACTIONS  THAT
OCCURRED  PRIOR  TO  THE EFFECTIVE DATE OF THIS TITLE, AND B. DEEDS, TAX
SALES OR OTHER DOCUMENTS THAT PREDATE THE EFFECTIVE DATE OF THIS TITLE.
S 9-1909. ATTORNEY GENERAL TO FILE SUIT.
  THE  ATTORNEY GENERAL, WITHIN TWENTY-FOUR MONTHS OF A PERSON'S FAILURE
TO COMPLY WITH THE REQUIREMENTS OF SUBDIVISION TWO OF SECTION 9-1907  OF
THIS TITLE WITH RESPECT TO A PARTICULAR DISPUTED PARCEL, OR WITHIN TWEN-
TY-FOUR  MONTHS  OF  A  PERSON'S  FILING OF A NOTICE OF NONPARTICIPATION
PURSUANT TO PARAGRAPH B OF SUBDIVISION TWO OF  SECTION  9-1907  OF  THIS
TITLE  WITH  RESPECT  TO A PARTICULAR DISPUTED PARCEL, SHALL COMMENCE AN
ACTION IN A COURT OF COMPETENT JURISDICTION PURSUANT TO THE REAL PROPER-
TY ACTIONS AND PROCEEDINGS LAW TO DETERMINE TITLE TO SUCH PARCEL.  NOTH-
ING CONTAINED IN THIS TITLE SHALL BE APPLICABLE TO SUCH ACTION.  FAILURE
BY THE ATTORNEY GENERAL TO COMMENCE SUCH ACTION WITHIN SUCH  TIME  FRAME
SHALL NOT SUBSEQUENTLY PREVENT THE ATTORNEY GENERAL FROM COMMENCING SUCH
AN ACTION OR CREATE A PRESUMPTION AGAINST THE STATE'S CLAIM OF TITLE.
S 9-1911. CONVEYANCES TO THE STATE.
  NOTHING  IN  THIS TITLE SHALL BE INTERPRETED AS AT ANY TIME PREVENTING
ANY PERSON CLAIMING A DISPUTED PARCEL FROM OFFERING TO CONVEY  ANY  SUCH
PARCEL  OR  INTEREST IN ANY SUCH PARCEL TO THE STATE, PROVIDED THE STATE
MAY, SOLELY IN ITS DISCRETION, DECIDE WHETHER TO ACCEPT ANY SUCH OFFER.
S 9-1913. ADIRONDACK PARK AGENCY JURISDICTION.
  NOTHING IN THIS TITLE SHALL BE INTERPRETED AS  ALTERING  OR  AFFECTING
THE  REGULATORY JURISDICTION OF THE ADIRONDACK PARK AGENCY OVER ANY LAND
LOCATED WITHIN TOWNSHIP FORTY.
S 9-1915. NOTICE OF NONPARTICIPATION FORMAT.
  THE FORMAT FOR THE NOTARIZED NOTICE OF NONPARTICIPATION  DESCRIBED  IN
PARAGRAPH  B OF SUBDIVISION TWO OF SECTION 9-1907 OF THIS TITLE SHALL BE
AS FOLLOWS:
NOTICE OF NONPARTICIPATION
TOWNSHIP FORTY, TOTTEN AND CROSSFIELD PURCHASE
TOWN OF LONG LAKE, COUNTY OF HAMILTON
NAME(S):
MAILING ADDRESS(ES):
TELEPHONE NUMBER(S):
DESCRIPTION OF TOWNSHIP FORTY DISPUTED PARCEL:
  I (WE) ELECT TO NOT PARTICIPATE IN THE SPECIAL PROCEEDING  TO  RESOLVE
TITLE  ISSUES  REGARDING  THE  ABOVE-REFERENCED  PARCEL AS AUTHORIZED BY
TITLE NINETEEN OF ARTICLE NINE OF THE ENVIRONMENTAL CONSERVATION LAW.  I
(WE)  UNDERSTAND  THAT:  WITHIN TWENTY-FOUR MONTHS OF MY (OUR) FILING OF
THIS NOTICE, THE ATTORNEY GENERAL SHALL COMMENCE AN ACTION IN A COURT OF
COMPETENT JURISDICTION TO DETERMINE TITLE TO  SUCH  PARCEL;  NOTHING  IN
TITLE  NINETEEN  OF  ARTICLE  NINE OF THE ENVIRONMENTAL CONSERVATION LAW
SHALL BE APPLICABLE TO SUCH LITIGATION;  AND  FAILURE  BY  THE  ATTORNEY
GENERAL TO COMMENCE SUCH ACTION WITHIN SUCH TWENTY-FOUR MONTH TIME FRAME
SHALL NOT SUBSEQUENTLY PREVENT THE ATTORNEY GENERAL FROM COMMENCING SUCH
AN ACTION OR CREATE A PRESUMPTION AGAINST THE STATE'S CLAIM OF TITLE.
SIGNATURE
(NOTARIZATION)
  S  2.  This  act  shall  take  effect on the same date and in the same
manner as a "CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY  proposing
an amendment to section 1 of article 14 of the constitution, in relation
to disputed title in township 40, Totten and Crossfield Purchase, in the
town  of  Long  Lake,  Hamilton county," takes effect in accordance with
section 1 of article 19 of the constitution.

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