Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jun 19, 2013 |
signed chap.66 |
Jun 07, 2013 |
delivered to governor |
May 30, 2013 |
returned to senate passed assembly ordered to third reading cal.417 substituted for a5976a |
May 29, 2013 |
referred to environmental conservation delivered to assembly passed senate |
May 20, 2013 |
amended on third reading 4553a |
May 06, 2013 |
advanced to third reading |
May 01, 2013 |
2nd report cal. |
Apr 30, 2013 |
1st report cal.471 |
Apr 10, 2013 |
referred to environmental conservation |
Senate Bill S4553
Signed By Governor2013-2014 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - Signed by Governor
- 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
Actions
Votes
Bill Amendments
2013-S4553 - Details
- Law Section:
- Environmental Conservation Law
- Laws Affected:
- Amd §§49-0303 & 49-0305, En Con L
- Versions Introduced in 2011-2012 Legislative Session:
-
S4762
2013-S4553 - Sponsor Memo
BILL NUMBER:S4553 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.
2013-S4553 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4553 2013-2014 Regular Sessions I N S E N A T E April 10, 2013 ___________ Introduced by Sen. MARCHIONE -- read twice and ordered printed, and when printed to be committed 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 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: 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07488-01-3
2013-S4553A (ACTIVE) - Details
- Law Section:
- Environmental Conservation Law
- Laws Affected:
- Amd §§49-0303 & 49-0305, En Con L
- Versions Introduced in 2011-2012 Legislative Session:
-
S4762
2013-S4553A (ACTIVE) - Sponsor Memo
BILL NUMBER:S4553A 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.
2013-S4553A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4553--A Cal. No. 471 2013-2014 Regular Sessions I N S E N A T E April 10, 2013 ___________ Introduced by Sen. MARCHIONE -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading 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 state or a municipal corporation as that term is defined in section two of the general municipal law OR THE UNITED STATES OF AMERICA ACTING BY AND THROUGH THE DEPARTMENT OF THE INTERIOR. Such term shall further include the Palisades interstate park commission; the Central Pine Barrens joint planning and policy commis- sion; 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: 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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