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

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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

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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

Votes

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Bill Amendments

Original
A (Active)
Original
A (Active)

S4553 - Bill 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 - Bill Texts

view summary

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

view 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.

LEGISLATIVE HISTORY:

S4762 6/14/11 Passed Senate, died in Assembly.
S4762A 5/21/12 Passed Senate, referred to Environmental Conservation
in Assembly.

FISCAL IMPLICATIONS:

None.

LOCAL FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately.

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                    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

S. 4553                             2

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.

S4553A (ACTIVE) - Bill 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) - Bill Texts

view summary

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

view 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.

LEGISLATIVE HISTORY:

S4762 6/14/11 Passed Senate, died in Assembly.
S4762A 5/21/12 Passed Senate, referred to Environmental Conservation
in Assembly.

FISCAL IMPLICATIONS:

None.

LOCAL FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect on the 180th day after it shall have become
a law.

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                    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.
                                                           LBD07488-05-3

S. 4553--A                          2

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. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

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