senate Bill S4553A

Signed By Governor
2013-2014 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

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Actions

view actions (14)
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

S4553 - Details

See Assembly Version of this Bill:
A5976A
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §§49-0303 & 49-0305, En Con L
Versions Introduced in 2011-2012 Legislative Session:
S4762A, A7240A

S4553 - Summary

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

S4553 - Sponsor Memo

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

S4553A (ACTIVE) - Details

See Assembly Version of this Bill:
A5976A
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §§49-0303 & 49-0305, En Con L
Versions Introduced in 2011-2012 Legislative Session:
S4762A, A7240A

S4553A (ACTIVE) - Summary

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

S4553A (ACTIVE) - Sponsor Memo

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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