NY State Senate Bill 2017-S7939A

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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 18, 2018	referred to environmental conservation returned to assembly repassed senate
Jun 11, 2018	amended on third reading 7939a
Jun 11, 2018	vote reconsidered - restored to third reading returned to senate recalled from assembly
Jun 04, 2018	referred to environmental conservation delivered to assembly passed senate
May 22, 2018	advanced to third reading
May 16, 2018	2nd report cal.
May 15, 2018	1st report cal.1266
Mar 12, 2018	referred to environmental conservation

Votes

- Jun 18, 2018 - Floor Vote
  S7939A
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 18, 2018
      
      aye (62)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Bailey
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      DeFrancisco
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kavanagh
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Marchione
      
      Mayer
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Seward
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      excused (1)
      
      Croci
  Jun 4, 2018 - Floor Vote
  S7939A
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 4, 2018
      
      aye (62)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Bailey
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      DeFrancisco
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kavanagh
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Marchione
      
      Mayer
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Seward
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      excused (1)
      
      Croci
  May 15, 2018 - Environmental Conservation Committee Vote
  S7939A
  
  13
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Environmental Conservation Committee Vote: May 15, 2018
      
      aye (13)
      
      Addabbo Jr.
      
      Avella
      
      Funke
      
      Hoylman-Sigal
      
      Kaminsky
      
      Kavanagh
      
      LaValle
      
      Little
      
      Marcellino
      
      Mayer
      
      O'Mara
      
      Phillips
      
      Tedisco

Bill Amendments

Original

A (Active)

2017-S7939 - Details

Current Committee:: Assembly Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add §§9-1906 & 9-1908, En Con L
Versions Introduced in 2019-2020 Legislative Session:: S5856

2017-S7939 - Summary

Relates to the additional parcel in township 40, in the town of Long Lake.

2017-S7939 - Sponsor Memo

                                
 
BILL NUMBER: S7939

SPONSOR: LITTLE
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to the
additional parcel in township 40

 
PURPOSE:

The purpose of this bill is to amend the Township Forty Settlement Act,
Title 19 of Article 9 of the Environmental Conservation Law ("ECL"),
authorizing resolution of one additional competing claim of title
between the State and a private party in Township Forty, Totten and
Crossfield Purchase (Raquette Lake), in the Town of Long Lake, Hamilton
County (Township Forty).

 
SUMMARY OF PROVISIONS:

Section 1 of this bill would amend Title 19 of Article 9 of the ECL,
titled Township Forty Settlement Act to add an additional disputed

parcel and to specify a process for clearing title to the additional
disputed parcel. The occupant of the additional contested parcel would
be required to make payment to the Town of Long Lake (the Town), which
would apply such payments towards the acquisition of land acquired under
the Township 40 Settlement Act. The occupant of the additional contested
parcel would be permitted to convey land in fee to the state or an ease-
ment to the Town, the value of which would reduce the payment due for
the contested parcel. The State would relinquish its claim to the
contested parcel once the occupant makes the payment to the Town and the
Town makes the payment to the grantor who conveyed the parcel to the
State as described in chapter 231 of the Laws of 2016.

Section 2 of the bill provides for severability.

Section 3 of the bill provides that the act is effective immediately.

 
JUSTIFICATION:

In 2013, the voters approved an amendment to Article XIV, Section 1 of
the New York State Constitution, authorizing the State to resolve
competing claims of title between the State and private individuals in
Township Forty, Totten and Crossfield purchase in the Town of Long Lake,
Hamilton County, more commonly known as the Hamlet of Raquette Lake.
Legislation implementing the constitutional amendment was also passed in
2013 and is found at Title 19 of Article 9 of ECL.

Currently, ECL § 9-1905 lists 216 specific disputed parcels that would
be eligible for participation in the Township 40 settlement and ECL §
9-1907 set forth a process through which the State would relinquish its
claim of title on those parcels. Each of those claiming title to the 216
disputed parcels participated in the settlement and made the requisite
payments to the Town of Long Lake. Certain lands along the Marion River
were identified as potentially satisfying the "net benefit" requirement
and the legislature approved the acquisition of those lands in 2016
(Chapter 231 of the laws of 2016).  The State then acquired title to the
land and, in the summer of 2017, relinquished its claim to the 216
disputed parcels.

Due to an earlier court decision, when the implementing legislation was
enacted into law in 2013, it was believed that the parcel that is the
subject of this bill was not disputed. However, a court decision in the
spring of 2017 vacated the earlier decision, meaning that the parcel is,
in fact, disputed and should therefore have been included in the list of
disputed parcels contained in ECL § 9-1905.

Moreover, equitable considerations require that the instant parcel be
included in the settlement. More than twenty years ago those claiming
title to the additional disputed parcel subdivided the land they
claimed. They kept a subdivided parcel for themselves, and sold six
subdivided parcels to other parties. Each of these seven parcels has
exactly the same chain of title. The six parcels sold to third parties
all were allowed to participate in the settlement, but the parcel
retained by the claimants of the additional dispute parcel was kept out
of the settlement. Equity mandates that those claiming title to the
additional disputed parcel be treated the same way as those claiming
title to the other six subdivided parcels.

This proposal will allow those claiming title to the additional disputed
parcel to participate in the settlement on the same terms and conditions
as those who claimed title to the 216 parcels that were listed in ECL§
9-1905. These new claimants will be required to make a payment to the
Town of Long Lake, using the formula set forth in law, which the Town
will then pay to the grantor who conveyed title to the Marion River
property to the People of the State of New York for inclusion in the
Forest Preserve. Such payment would be in recognition that the grantor
took a considerable loss in conveying title to the Marion River parcel
to the State. After such payment is complete, DEC will relinquish its
claim to the additional disputed parcel by filing a survey map relin-
quishing the claim in the Hamilton County Clerk's office.

 
PRIOR LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
The act shall take effect immediately.

2017-S7939 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7939
 
                             I N  S E N A T E
 
                              March 12, 2018
                                ___________
 
 Introduced  by  Sen. LITTLE -- (at request of the Department of Environ-
   mental Conservation) -- 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 the
   additional parcel in township 40
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The environmental conservation law is amended by adding two
 new sections 9-1906 and 9-1908 to read as follows:
 § 9-1906. ADDITIONAL DISPUTED PARCEL.
   THE  FOLLOWING PARCEL OF LAND, IDENTIFIED BY THE COUNTY'S TWO THOUSAND
 THIRTEEN ASSESSMENT ROLLS AND THE COUNTY'S ONLINE MAPPING SYSTEM  AS  OF
 OCTOBER,  TWO  THOUSAND  THIRTEEN, AND ANY SUBSEQUENT CONVEYANCES THERE-
 FROM, CONSTITUTES AN ADDITIONAL DISPUTED PARCEL THAT IS SUBJECT  TO  THE
 PROVISIONS OF THIS TITLE:
   52.006-2.2.110
   THE DISPUTED PARCEL IDENTIFIED IN THIS SECTION IS NOT INTENDED TO BE A
 LEGAL  DESCRIPTION,  BUT  IS INTENDED TO IDENTIFY THE DISPUTED PARCEL BY
 TAX LOT NUMBER ONLY.
 § 9-1908. PROCESS FOR CLEARING TITLE OF ADDITIONAL DISPUTED PARCEL.
   1. ON OR BEFORE AUGUST FIRST, TWO THOUSAND EIGHTEEN A PERSON  CLAIMING
 TITLE  TO THE ADDITIONAL DISPUTED PARCEL IDENTIFIED IN SECTION 9-1906 OF
 THIS TITLE SHALL PROVIDE TO THE DEPARTMENT, WITH COPIES TO THE OFFICE OF
 THE ATTORNEY GENERAL AND THE TOWN, A NOTARIZED STATEMENT AS SET FORTH IN
 SECTION 9-1915 OF THIS TITLE WHICH COMPLIES  WITH  THE  REQUIREMENTS  OF
 SUBDIVISION 2 OF SECTION 9-1907 OF THIS TITLE.
   2.  WITHIN  SIXTY  DAYS  OF  THE DEPARTMENT'S RECEIPT OF THE STATEMENT
 REQUIRED BY SUBDIVISION ONE OF  THIS  SECTION,  THE  COMMISSIONER  SHALL
 CAUSE  TO  BE  PREPARED  AN  ACCURATE  SURVEY OF THE ADDITIONAL DISPUTED
 PARCEL, INCLUDING THE BOUNDARIES OF ANY PORTION THEREOF WHICH THE PERSON
 CLAIMING TITLE INTENDS TO CONVEY IN  FEE  TO  THE  STATE  OR  CONVEY  BY
 CONSERVATION EASEMENT TO THE TOWN.
   3. WITHIN THIRTY DAYS OF THE TOWN'S RECEIPT OF THE NOTARIZED STATEMENT
 REQUIRED  BY SUBDIVISION ONE OF THIS SECTION, THE HAMILTON COUNTY ASSES-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD14344-01-8

 S. 7939                             2
 
 SOR SHALL PROVIDE TO THE DEPARTMENT AND ANY PERSON CLAIMING TITLE TO THE
 ADDITIONAL DISPUTED PARCEL THE ASSESSED VALUE OF THE  PARCEL  AS  DETER-
 MINED  IN  TWO  THOUSAND  THIRTEEN, PROVIDED THAT IF THE PERSON CLAIMING
 TITLE  DECIDED  PURSUANT  TO  SUBDIVISION  TWO OF SECTION 9-1907 OF THIS
 TITLE TO CONVEY A PORTION OF THE PARCEL AS A GIFT TO THE  STATE  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  THE  PARCEL,  THE HAMILTON COUNTY ASSESSOR SHALL
 PROVIDE THE DEPARTMENT AND THE PERSON CLAIMING TITLE TO  THE  ADDITIONAL
 DISPUTED  PARCEL WITH AN ASSESSED VALUE OF THAT PORTION OF THE PARCEL TO
 BE RETAINED BY THE PERSON AND AN ASSESSED VALUE OF SUCH  GIFT  OR  EASE-
 MENT.
   4.  WITHIN  SIXTY  DAYS  OF  RECEIPT OF THE ASSESSED VALUE, THE PERSON
 CLAIMING TITLE TO THE ADDITIONAL DISPUTED PARCEL SHALL PAY THE TOWN  THE
 SUM OF: (A) A FLAT RATE OF TWO THOUSAND DOLLARS; AND (B) AN AMOUNT EQUAL
 TO  THE TOTAL CURRENT ASSESSED VALUE OF THE PARCEL, INCLUDING STRUCTURES
 AND IMPROVEMENTS SITUATED THEREON, AS DETERMINED BY THE HAMILTON  COUNTY
 ASSESSOR, LESS THE ASSESSED VALUE OF ANY PORTION OF SUCH PARCEL CONVEYED
 TO  THE  STATE IN FEE OR ANY CONSERVATION EASEMENT CONVEYED TO THE TOWN,
 DIVIDED BY THE TOTAL ASSESSED VALUE OF ALL DISPUTED  PARCELS,  INCLUDING
 STRUCTURES AND IMPROVEMENTS SITUATED THEREON AS DETERMINED BY THE SURVEY
 DEVELOPED PURSUANT TO SUBDIVISION TWO OF THIS SECTION, MULTIPLIED BY TWO
 HUNDRED THOUSAND DOLLARS.
   5. WITHIN TWENTY DAYS AFTER THE TOWN'S RECEIPT OF THE PAYMENT REQUIRE-
 MENT  BY  SUBDIVISION THREE OF THIS SECTION, THE TOWN SHALL MAKE PAYMENT
 OF SUCH FUNDS TO THE GRANTOR WHO  CONVEYED  THE  PROPERTY  DESCRIBED  BY
 CHAPTER  TWO  HUNDRED  THIRTY-ONE  OF  THE  LAWS OF TWO THOUSAND SIXTEEN
 RELATING TO APPROVING LAND TRANSACTIONS RELATING  TO  IMPLEMENTATION  OF
 THE  SETTLEMENT OF PROPERTY DISPUTES IN TOWNSHIP 40, IN THE TOWN OF LONG
 LAKE, TO THE STATE.
   6. WITHIN THIRTY DAYS AFTER THE TOWN'S PAYMENT REQUIRED BY SUBDIVISION
 FOUR OF THIS SECTION OR WITHIN THIRTY DAYS OF ANY CONVEYANCE OF ANY  FEE
 LANDS  TO  THE STATE OR CONSERVATION EASEMENTS TO THE TOWN, WHICHEVER IS
 LATER, THE COMMISSIONER SHALL RECORD  IN  THE  HAMILTON  COUNTY  CLERK'S
 OFFICE  THE  SURVEY  MAP  PREPARED  PURSUANT  TO SUBDIVISION TWO OF THIS
 SECTION, SHOWING THE BOUNDARIES OF THE  ADDITIONAL  DISPUTED  PARCEL  TO
 WHICH THE STATE WILL BE RELEASING AND EXTINGUISHING ITS RIGHT, TITLE AND
 INTEREST.  THE  COMMISSIONER SHALL ALSO CAUSE LEGAL DESCRIPTIONS OF SUCH
 BOUNDARIES TO BE PREPARED  FROM  THE  MAP.  UPON  CERTIFICATION  BY  THE
 COMMISSIONER  THAT  THE PERSON CLAIMING TITLE TO THE ADDITIONAL DISPUTED
 PARCEL HAS COMPLIED WITH ALL APPLICABLE TERMS  AND  CONDITIONS  OF  THIS
 TITLE,  AND  NOTWITHSTANDING THE PROVISIONS OF THE PUBLIC LANDS LAW, THE
 COMMISSIONER SHALL BE AUTHORIZED TO RELEASE AND  EXTINGUISH  ALL  RIGHT,
 TITLE AND INTEREST OF THE STATE IN THE ADDITIONAL DISPUTED PARCEL, WITH-
 OUT  RESERVATION AND EXCEPTION. THE LEGAL DESCRIPTIONS SHALL BE APPROVED
 BY THE COMMISSIONER AND INCORPORATED INTO THE RELEASE AND EXTINGUISHMENT
 DOCUMENT. THE COMMISSIONER SHALL SEND NOTICE OF THE STATE'S RELEASE  AND
 EXTINGUISHMENT  OF RIGHTS TO THE ADDITIONAL DISPUTED PARCEL BY LETTER TO
 THE PERSON CLAIMING TITLE TO SUCH PARCEL, AND UPON  RELEASE  AND  EXTIN-
 GUISHMENT  OF  RIGHTS,  THE  STATE  SHALL BE ESTOPPED FROM ASSERTING ANY
 CLAIM OF TITLE TO THE PARCEL  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  AMEND-
 MENT.
   §  2. Severability clause.  If any clause, sentence, paragraph, subdi-
 vision, section or part of this act shall be adjudged by  any  court  of

 S. 7939                             3
 
 competent  jurisdiction  to  be invalid, such judgment shall not affect,
 impair, or invalidate the remainder thereof, but shall  be  confined  in
 its  operation  to the clause, sentence, paragraph, subdivision, section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the  legislature  that  this  act  would  have been enacted even if such
 invalid provisions had not been included herein.
   § 3. This act shall take effect immediately.

2017-S7939A (ACTIVE) - Details

Current Committee:: Assembly Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add §§9-1906 & 9-1908, En Con L
Versions Introduced in 2019-2020 Legislative Session:: S5856

2017-S7939A (ACTIVE) - Summary

Relates to the additional parcel in township 40, in the town of Long Lake.

2017-S7939A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7939A

SPONSOR: LITTLE
 
TITLE OF BILL:  An act to amend the environmental conservation law, in
relation to the additional parcel in township 40

 
PURPOSE:

The purpose of this bill is to amend the Township Forty Settlement Act,
Title 19 of Article 9 of the Environmental Conservation Law ("ECL"),
authorizing resolution of one additional competing claim of title
between the State and a private party in Township Forty, Totten and
Crossfield Purchase (Raquette Lake), in the Town of Long Lake, Hamilton
County (Township Forty).

 
SUMMARY OF PROVISIONS:

Section 1 of this bill would amend Title 19 of Article 9 of the ECL,
titled Township Forty Settlement Act to add an additional disputed
parcel and to specify a process for clearing title to the additional
disputed parcel. The occupant of the additional contested parcel would

be required to make payment to the Town of Long Lake (the Town), which
would apply such payments towards the acquisition of land acquired under
the Township 40 Settlement Act. The occupant of the additional contested
parcel would be permitted to convey land in fee to the state or an ease-
ment to the Town, the value of which would reduce the payment due for
the contested parcel. The State would relinquish its claim to the
contested parcel once the occupant makes the payment to the Town and the
Town makes the payment to the grantor who conveyed the parcel to the
State as described in chapter 231 of the Laws of 2016.

Section 2 of the bill provides for severability.

Section 3 of the bill provides that the act is effective immediately.

 
JUSTIFICATION:

In 2013, the voters approved an amendment to Article XIV, Section I of
the New York State Constitution, authorizing the State to resolve
competing claims of title between the State and private individuals in
Township Forty, Totten and Crossfield purchase in the Town of Long Lake,
Hamilton County, more commonly known as the Hamlet of Raquette Lake.
Legislation implementing the constitutional amendment was also passed in
2013 and is found at Title 19 of Article 9 of ECL.

Currently, ECL § 9-1905 lists 216 specific disputed parcels that would
be eligible for participation in the Township 40 settlement and ECL .
9-1907 set forth a process through which the State would relinquish its
claim of title on those parcels. Each of those claiming title to the 216
disputed parcels participated in the settlement and made the requisite
payments to the Town of Long Lake. Certain lands along the Marion River
were identified as potentially satisfying the "net benefit" requirement
and the legislature approved the acquisition of those lands in 2016
(Chapter 231 of the laws of 2016).  The State then acquired title to the
land and, in the summer of 2017, relinquished its claim to the 216
disputed parcels.

Due to an earlier court decision, when the implementing legislation was
enacted into law in 2013, it was believed that the parcel that is the
subject of this bill was not disputed. However, a court decision in the
spring of 2017 vacated the earlier decision, meaning that the parcel is,
in fact, disputed and should therefore have been included in the list of
disputed parcels contained in ECL § 9-1905.

Moreover, equitable considerations require that the instant parcel be
included in the settlement. More than twenty years ago those claiming
title to the additional disputed parcel subdivided the land they
claimed. They kept a subdivided parcel for themselves, and sold six
subdivided parcels to other parties. Each of these seven parcels has
exactly the same chain of title. The six parcels sold to third parties
all were allowed to participate in the settlement, but the parcel
retained by the claimants of the additional dispute parcel was kept out
of the settlement. Equity mandates that those claiming title to the
additional disputed parcel be treated the same way as those claiming
title to the other six subdivided parcels.

This proposal will allow those claiming title to the additional disputed
parcel to participate in the settlement on the same terms and conditions
as those who claimed title to the 216 parcels that were listed in ECL§
9-1905. These new claimants will be required to make a payment to the
Town of Long Lake, using the formula set forth in law, which the Town
will then pay to the grantor who conveyed title to the Marion River
property to the People of the State of New York for inclusion in the
Forest Preserve. Such payment would be in recognition that the grantor
took a considerable loss in conveying title to the Marion River parcel
to the State. After such payment is complete, DEC will relinquish its
claim to the additional disputed parcel by filing a survey map relin-
quishing the claim in the Hamilton County Clerk's office.

 
PRIOR LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
The act shall take effect immediately.

2017-S7939A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7939--A
     Cal. No. 1266
 
                             I N  S E N A T E
 
                              March 12, 2018
                                ___________
 
 Introduced  by  Sen. LITTLE -- (at request of the Department of Environ-
   mental Conservation) -- 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, passed by Senate and delivered to
   the Assembly, recalled, vote reconsidered, restored to 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  the
   additional parcel in township 40
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The environmental conservation law is amended by adding two
 new sections 9-1906 and 9-1908 to read as follows:
 § 9-1906. ADDITIONAL DISPUTED PARCEL.
   THE FOLLOWING PARCEL OF LAND, IDENTIFIED BY THE COUNTY'S TWO  THOUSAND
 TWELVE  ASSESSMENT  ROLLS  AND  THE COUNTY'S ONLINE MAPPING SYSTEM AS OF
 OCTOBER, TWO THOUSAND TWELVE, AND ANY SUBSEQUENT CONVEYANCES  THEREFROM,
 CONSTITUTES  AN  ADDITIONAL  DISPUTED  PARCEL  THAT  IS  SUBJECT  TO THE
 PROVISIONS OF THIS TITLE:
   52.006-2.2.110
   THE DISPUTED PARCEL IDENTIFIED IN THIS SECTION IS NOT INTENDED TO BE A
 LEGAL DESCRIPTION, BUT IS INTENDED TO IDENTIFY THE  DISPUTED  PARCEL  BY
 TAX LOT NUMBER ONLY.
 § 9-1908. PROCESS FOR CLEARING TITLE OF ADDITIONAL DISPUTED PARCEL.
   1.  ON OR BEFORE AUGUST FIRST, TWO THOUSAND EIGHTEEN A PERSON CLAIMING
 TITLE TO THE ADDITIONAL DISPUTED PARCEL IDENTIFIED IN SECTION 9-1906  OF
 THIS TITLE SHALL PROVIDE TO THE DEPARTMENT, WITH COPIES TO THE OFFICE OF
 THE ATTORNEY GENERAL AND THE TOWN, A NOTARIZED STATEMENT AS SET FORTH IN
 SECTION  9-1915  OF  THIS  TITLE WHICH COMPLIES WITH THE REQUIREMENTS OF
 SUBDIVISION 2 OF SECTION 9-1907 OF THIS TITLE.
   2. WITHIN SIXTY DAYS OF THE  DEPARTMENT'S  RECEIPT  OF  THE  STATEMENT
 REQUIRED  BY  SUBDIVISION  ONE  OF  THIS SECTION, THE COMMISSIONER SHALL
 CAUSE TO BE PREPARED AN  ACCURATE  SURVEY  OF  THE  ADDITIONAL  DISPUTED

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14344-02-8

 S. 7939--A                          2
 
 PARCEL, INCLUDING THE BOUNDARIES OF ANY PORTION THEREOF WHICH THE PERSON
 CLAIMING  TITLE  INTENDS  TO  CONVEY  IN  FEE  TO THE STATE OR CONVEY BY
 CONSERVATION EASEMENT TO THE TOWN.
   3. WITHIN THIRTY DAYS OF THE TOWN'S RECEIPT OF THE NOTARIZED STATEMENT
 REQUIRED  BY  SUBDIVISION  ONE  OF THIS SECTION, THE TOWN ASSESSOR SHALL
 PROVIDE TO THE DEPARTMENT AND ANY PERSON CLAIMING  TITLE  TO  THE  ADDI-
 TIONAL DISPUTED PARCEL THE ASSESSED VALUE OF THE PARCEL AS DETERMINED IN
 TWO  THOUSAND  SEVENTEEN,  PROVIDED  THAT  IF  THE PERSON CLAIMING TITLE
 DECIDED PURSUANT TO SUBDIVISION TWO OF SECTION 9-1907 OF THIS  TITLE  TO
 CONVEY  A  PORTION  OF  THE  PARCEL AS A GIFT TO THE STATE IN FEE SIMPLE
 WITHOUT RESERVATIONS FOR INCLUSION IN THE FOREST PRESERVE, OR A  CONSER-
 VATION EASEMENT TO THE TOWN RESTRICTING DEVELOPMENT OVER ALL OR A SPECI-
 FIED  PORTION OF THE PARCEL, THE TOWN ASSESSOR SHALL PROVIDE THE DEPART-
 MENT AND THE PERSON CLAIMING TITLE TO  THE  ADDITIONAL  DISPUTED  PARCEL
 WITH  AN  ASSESSED VALUE OF THAT PORTION OF THE PARCEL TO BE RETAINED BY
 THE PERSON AND AN ASSESSED VALUE OF SUCH GIFT OR EASEMENT.
   4. WITHIN SIXTY DAYS OF RECEIPT OF  THE  ASSESSED  VALUE,  THE  PERSON
 CLAIMING  TITLE TO THE ADDITIONAL DISPUTED PARCEL SHALL PAY THE TOWN THE
 SUM OF: (A) A FLAT RATE OF TWO THOUSAND DOLLARS; AND (B) AN AMOUNT EQUAL
 TO THE TOTAL ASSESSED VALUE OF THE PARCEL AS OF TWO THOUSAND  SEVENTEEN,
 INCLUDING STRUCTURES AND IMPROVEMENTS SITUATED THEREON, AS DETERMINED BY
 THE  TOWN  ASSESSOR  PURSUANT TO SUBDIVISION THREE OF THIS SECTION, LESS
 THE ASSESSED VALUE OF ANY PORTION OF SUCH PARCEL CONVEYED TO  THE  STATE
 IN FEE OR ANY CONSERVATION EASEMENT CONVEYED TO THE TOWN, DIVIDED BY THE
 TOTAL  TWO  THOUSAND SEVENTEEN ASSESSED VALUE OF ALL DISPUTED PARCELS AS
 LISTED IN  SECTION  9-1905  OF  THIS  TITLE,  INCLUDING  STRUCTURES  AND
 IMPROVEMENTS   SITUATED  THEREON  MULTIPLIED  BY  TWO  HUNDRED  THOUSAND
 DOLLARS.
   5. WITHIN TWENTY DAYS AFTER THE TOWN'S RECEIPT OF THE PAYMENT REQUIRE-
 MENT BY SUBDIVISION FOUR OF THIS SECTION, THE TOWN SHALL MAKE PAYMENT OF
 SUCH FUNDS TO THE GRANTOR WHO CONVEYED THE PROPERTY DESCRIBED BY CHAPTER
 TWO HUNDRED THIRTY-ONE OF THE LAWS OF TWO THOUSAND SIXTEEN  RELATING  TO
 APPROVING LAND TRANSACTIONS RELATING TO IMPLEMENTATION OF THE SETTLEMENT
 OF  PROPERTY  DISPUTES  IN TOWNSHIP 40, IN THE TOWN OF LONG LAKE, TO THE
 STATE.
   6. WITHIN THIRTY DAYS AFTER THE TOWN'S PAYMENT REQUIRED BY SUBDIVISION
 FIVE OF THIS SECTION OR WITHIN THIRTY DAYS OF ANY CONVEYANCE OF ANY  FEE
 LANDS  TO  THE STATE OR CONSERVATION EASEMENTS TO THE TOWN, WHICHEVER IS
 LATER, THE COMMISSIONER SHALL RECORD  IN  THE  HAMILTON  COUNTY  CLERK'S
 OFFICE  THE  SURVEY  MAP  PREPARED  PURSUANT  TO SUBDIVISION TWO OF THIS
 SECTION, SHOWING THE BOUNDARIES OF THE  ADDITIONAL  DISPUTED  PARCEL  TO
 WHICH THE STATE WILL BE RELEASING AND EXTINGUISHING ITS RIGHT, TITLE AND
 INTEREST.  THE  COMMISSIONER SHALL ALSO CAUSE LEGAL DESCRIPTIONS OF SUCH
 BOUNDARIES TO BE PREPARED  FROM  THE  MAP.  UPON  CERTIFICATION  BY  THE
 COMMISSIONER  THAT  THE PERSON CLAIMING TITLE TO THE ADDITIONAL DISPUTED
 PARCEL HAS COMPLIED WITH ALL APPLICABLE TERMS  AND  CONDITIONS  OF  THIS
 TITLE,  AND  NOTWITHSTANDING THE PROVISIONS OF THE PUBLIC LANDS LAW, THE
 COMMISSIONER SHALL BE AUTHORIZED TO RELEASE AND  EXTINGUISH  ALL  RIGHT,
 TITLE AND INTEREST OF THE STATE IN THE ADDITIONAL DISPUTED PARCEL, WITH-
 OUT  RESERVATION AND EXCEPTION. THE LEGAL DESCRIPTIONS SHALL BE APPROVED
 BY THE COMMISSIONER AND INCORPORATED INTO THE RELEASE AND EXTINGUISHMENT
 DOCUMENT. THE COMMISSIONER SHALL SEND NOTICE OF THE STATE'S RELEASE  AND
 EXTINGUISHMENT  OF RIGHTS TO THE ADDITIONAL DISPUTED PARCEL BY LETTER TO
 THE PERSON CLAIMING TITLE TO SUCH PARCEL, AND UPON  RELEASE  AND  EXTIN-
 GUISHMENT  OF  RIGHTS,  THE  STATE  SHALL BE ESTOPPED FROM ASSERTING ANY
 CLAIM OF TITLE TO THE PARCEL  BASED  UPON  (A)  FACTS  OR  ACTIONS  THAT

 S. 7939--A                          3
 
 OCCURRED  PRIOR  TO THE EFFECTIVE DATE OF THIS TITLE, AND (B) DEEDS, TAX
 SALES OR OTHER DOCUMENTS THAT PREDATE THE EFFECTIVE DATE OF THIS  AMEND-
 MENT.
   §  2. Severability clause.  If any clause, sentence, paragraph, subdi-
 vision, section or part of this act shall be adjudged by  any  court  of
 competent  jurisdiction  to  be invalid, such judgment shall not affect,
 impair, or invalidate the remainder thereof, but shall  be  confined  in
 its  operation  to the clause, sentence, paragraph, subdivision, section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the legislature that this act would  have  been  enacted  even  if  such
 invalid provisions had not been included herein.
   § 3. This act shall take effect immediately.

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Senate Bill S7939A

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Jun 18, 2018 - Floor Vote

Floor Vote: Jun 18, 2018

Jun 4, 2018 - Floor Vote

Floor Vote: Jun 4, 2018

May 15, 2018 - Environmental Conservation Committee Vote

Environmental Conservation Committee Vote: May 15, 2018

Bill Amendments

2017-S7939 - Details

2017-S7939 - Summary

2017-S7939 - Sponsor Memo

2017-S7939 - Bill Text download pdf

2017-S7939A (ACTIVE) - Details

2017-S7939A (ACTIVE) - Summary

2017-S7939A (ACTIVE) - Sponsor Memo

2017-S7939A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7939A

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Sponsored By

Betty Little

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

2017-S7939 - Details

2017-S7939 - Summary

2017-S7939 - Sponsor Memo

2017-S7939 - Bill Text download pdf

2017-S7939A (ACTIVE) - Details

2017-S7939A (ACTIVE) - Summary

2017-S7939A (ACTIVE) - Sponsor Memo

2017-S7939A (ACTIVE) - Bill Text download pdf

Comments