S T A T E   O F   N E W   Y O R K
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                                   5856
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 15, 2019
                                ___________
 
 Introduced  by  Sen.  LITTLE -- 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
 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 NINETEEN 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11748-01-9

 S. 5856                             2
 
   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  EIGHTEEN,  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  EIGHTEEN,
 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  EIGHTEEN 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
 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.

 S. 5856                             3

   §  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 on the thirtieth day after it shall
 have become a law.