NY State Senate Bill 2019-S8344

Senate Bill S8344

Signed By Governor

2019-2020 Legislative Session

Authorizes the alienation of certain reforested lands in the county of Yates

download bill text pdf

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

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Nov 11, 2020	signed chap.278
Oct 30, 2020	delivered to governor
Jun 10, 2020	returned to senate passed assembly home rule request ordered to third reading rules cal.141 substituted for a10371a referred to ways and means delivered to assembly passed senate home rule request
Jun 08, 2020	ordered to third reading cal.739 reported and committed to rules
Jun 05, 2020	print number 8344a
Jun 05, 2020	amend and recommit to local government
May 15, 2020	referred to local government

Votes

- Jun 10, 2020 - Floor Vote
  S8344
  
  61
  
  Aye
  
  1
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 10, 2020
      
      aye (61)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Borrello
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hoylman-Sigal
      
      Jackson
      
      Jacobs
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Little
      
      Liu
      
      May
      
      Mayer
      
      Metzger
      
      Montgomery
      
      Myrie
      
      O'Mara
      
      Ortt
      
      Parker
      
      Persaud
      
      Ramos
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Seward
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      nay (1)
      
      Martinez
  May 28, 2020 - Rules Committee Vote
  S8344
  
  19
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: May 28, 2020
      
      aye (19)
      
      Benjamin
      
      Breslin
      
      Comrie
      
      Flanagan
      
      Gianaris
      
      Griffo
      
      Hoylman-Sigal
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Little
      
      Liu
      
      Martinez
      
      Parker
      
      Robach
      
      Savino
      
      Seward
      
      Stewart-Cousins
  Jun 8, 2020 - Local Government Committee Vote
  S8344
  
  7
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Local Government Committee Vote: Jun 8, 2020
      
      aye (7)
      
      Borrello
      
      Brooks
      
      Gaughran
      
      Harckham
      
      Metzger
      
      Ritchie
      
      Skoufis

Bill Amendments

Original

A (Active)

2019-S8344 - Details

See Assembly Version of this Bill:: A10371
Law Section:: Counties

2019-S8344 - Summary

Authorizes the alienation of certain reforested lands in the town of Italy, county of Yates on the condition that certain other lands are dedicated as reforested land.

2019-S8344 - Sponsor Memo

                                
 
BILL NUMBER: S8344

SPONSOR: O'MARA
 
TITLE OF BILL:

An act authorizing the alienation of certain reforested lands in the
county of Yates

 
PURPOSE OR GENERAL IDEA OF BILL:

This legislation authorizes Yates County to alienate and convey certain
lands for the purpose of constructing a public safety radio communi-
cation tower.

 
SUMMARY OF PROVISIONS:

Section 1. Authorizes Yates County to alienate and convey certain lands
for the purpose of constructing a public safety radio communication
tower.

Section 2. Requires Yates County to dedicate replacement lands as refor-

ested lands in place of lands authorized to be alienated.

Section 3. Description of lands to be alienated.

Section 4. Description of lands to be dedicated as
replacement/substitute lands in place of lands being alienated.

Section 5. Requirement for County of Yates to dedicate funds to acquire
replacement lands in the event that the fair market value of the
replacement lands to be dedicated as reforested lands pursuant_to this
bill is less than the fair market value of the lands authorized to be
alienated under this bill.

Section 6. Requires alienated lands to be used for specific purpose.

Section 7. Effective date.

 
JUSTIFICATION:

Yates County is currently forced to lease space on a nearby privately
owned tower for operation of its public safety radio communications.
Allowing the county to erect a new tower on the proposed parcel of land
would not only reduce overall, long term costs to the county, it would
greatly improve emergency and public safety radio communications
throughout the Italy Valley by ensuring the best possible reception.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
EFFECTIVE DATE:
Immediately.

2019-S8344 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8344
 
                             I N  S E N A T E
 
                               May 15, 2020
                                ___________
 
 Introduced  by  Sen.  O'MARA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Local Government
 
 AN ACT authorizing the alienation of certain  reforested  lands  in  the
   county of Yates
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Notwithstanding section 219 of the county law, and  subject
 to the provisions of this act, the county of Yates acting by and through
 its  governing  body and upon such terms and conditions as determined by
 such body, is hereby authorized to discontinue to alienate a  parcel  of
 reforested  land  on  Emerson Road in the town of Italy, as described in
 section three of this act, for the purposes of erecting a public  safety
 radio communications tower.
   § 2. The authorization contained in section one of this act shall take
 effect  only  upon  the  condition that the county of Yates dedicate the
 lands described in section four of this act as reforested land; provided
 that the county of Yates has never used such lands for public open spac-
 es or dedicated such lands as reforested land previously.
   § 3. The lands authorized to be  alienated  by  the  county  of  Yates
 pursuant to section one of this act are described as follows:
                                 PARCEL A
 ALL  THAT  TRACT OR PARCEL OF LAND situate in Lot No. 28, in Township 7,
 Range III of the Phelps & Gorham Purchase, in the Town of Italy,  County
 of Yates, State of New York, bounded and described as follows:
 Beginning  at a point on the east line of the first or westerly subdivi-
 sion of said Lot No. 28 and west line  of  lands  reputedly  of  Cayward
 (Liber 559 of Deeds, Page 243) at the intersection of said east subdivi-
 sion  lot  line  and  the  south line of said Lot No. 28, at or near the
 centerline of Emerson Road; thence North 03° 15' East  along  said  east
 subdivision  lot line and west line of lands now or formerly of Cayward,
 830 +/- feet to a point; thence North 86°  45'  West  through  lands  of
 Yates  County, 50.0 feet to a point; thence South 03° 15' West on a line
 parallel to the east line of said subdivision lot line and west line  of
 lands  reputedly  of Cayward through lands of Yates County, 830 +/- feet
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD16275-01-0

 S. 8344                             2
 
 to a point on the south line of said Lot No. 28 at or near  the  center-
 line  of Emerson Road; thence South 86° 45' East along the south line of
 said Lot No. 28, 50 +/-  feet  to  the  point  or  place  of  beginning,
 comprising an area of 0.953 acres more or less.
                                 PARCEL B
   ALSO, ALL THAT TRACT OR PARCEL OF LAND situate in Lot No. 28, in Town-
 ship 7, Range III of the Phelps & Gorham Purchase, in the Town of Italy,
 County of Yates, State of New York, bounded and described as follows:
 Beginning  at a point on the east line of the first or westerly subdivi-
 sion of said Lot No. 28 and the west line of lands reputedly of  Cayward
 (Liber 559 of Deeds, Page 243), said point being North 03° 15' East, 830
 +/- feet from the intersection of said east subdivision lot line and the
 south  line  of  said  Lot  No. 28, at or near the centerline of Emerson
 Road; thence North 86° 45' West through lands  of  Yates  County,  250.0
 feet  to  a  point;  thence North 03° 15' East on a line parallel to the
 east line of said subdivision lot line through lands  of  Yates  County,
 250.0  feet to a point; thence South 86° 45' East through lands of Yates
 County, 250.0 feet to a point on the east line of said  subdivision  lot
 line and lands reputedly of Cayward; thence South 03° 15' West along the
 east  line  of said subdivision lot line and lands reputedly of Cayward,
 250.0 feet to the point or place of beginning,  comprising  an  area  of
 1.435 acres.
   §  4.  Prior  to  the  alienation of the reforested lands described in
 section three of this act, the county of Yates shall dedicate as  refor-
 ested land the lands described as follows:
 ALL  THAT  TRACT OR PARCEL OF LAND situate in Lot No. 30, in Township 7,
 Range II of the Phelps & Gorham Purchase,  in  the  Town  of  Jerusalem,
 County of Yates, State of New York, bounded and described as follows:
 Beginning  at  a  point  in the centerline of Hemlock (formerly Clayton)
 Road at the intersection of said centerline with the east line of  lands
 now  or formerly of Dinehart, said point being the following courses and
 distances along the approximate centerline of Hemlock (formerly Clayton)
 Road from its intersection with Guyanoga Road:
   1. North 61° 23' 18" West, 481.60 feet; thence
   2. North 45° 53' 30" West, 149.53 feet; thence
   3. North 37° 39' 05" West, 312.77 feet; thence
   4. North 70° 51' 43" West, 233.06 feet; thence
   5. North 65° 01' 50" West, 198.03 feet; thence
   6. North 70° 17' 56" West, 220.00 feet; thence
   7. North 73° 27' 49" West, 566.68 feet;
 thence North 15° 56' 23" East, 504.06 feet to a point  in  the  northern
 boundary  of  said  Lot  No 30; thence South 74° 16' 00" East along said
 boundary, 207.00 feet to a point; thence South 15° 56' 23" West  through
 lands  of Yates County, 506.96 feet to a point in the approximate center
 of Hemlock (formerly Clayton) Road; thence North 73° 27' 49" West  along
 the  approximate  centerline  of Hemlock (formerly Clayton) Road, 207.01
 feet to the point or place of beginning, comprising  an  area  of  2.402
 acres.
   § 5. In the event that the lands to be dedicated as reforested land by
 the  county of Yates described in section four of this act are not equal
 to or greater than the fair market value of the lands to be alienated by
 the county of Yates described in section three of this act,  the  county
 shall dedicate the difference between the fair market value of the lands
 to  be  alienated and the fair market value of the lands to be dedicated
 as replacement reforested land for the  acquisition  and  dedication  of
 additional lands for reforestation purposes.

 S. 8344                             3
 
   §  6.  If  the  property described in section three of this act, shall
 ever be used for a purpose other than operation  and  maintenance  of  a
 public  safety  radio communication tower such land shall be restored to
 its original state and maintained as reforested lands in accordance with
 any and all applicable provisions of law.
   § 7. This act shall take effect immediately.

2019-S8344A (ACTIVE) - Details

See Assembly Version of this Bill:: A10371
Law Section:: Counties

2019-S8344A (ACTIVE) - Summary

Authorizes the alienation of certain reforested lands in the town of Italy, county of Yates on the condition that certain other lands are dedicated as reforested land.

2019-S8344A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8344A

SPONSOR: O'MARA
 
TITLE OF BILL:

An act authorizing the alienation of certain reforested lands in the
county of Yates

 
PURPOSE OR GENERAL IDEA OF THE BILL:

THIS LEGISLATION AUTHORIZES YATES COUNTY TO ALIENATE AND CONVEY CERTAIN
LANDS FOR THE PURPOSE OF CONSTRUCTING A PUBLIC SAFETY RADIO COMMUNI-
CATION TOWER.

 
SUMMARY OF PROVISIONS:

SECTION 1. AUTHORIZES YATES COUNTY TO ALIENATE AND CONVEY CERTAIN LANDS
FOR THE PURPOSE OF CONSTRUCTING A PUBLIC SAFETY RADIO COMMUNICATION
TOWER.

SECTION 2. REQUIRES YATES COUNTY TO DEDICATE REPLACEMENT LANDS AS REFOR-

ESTED LANDS IN PLACE OF LANDS AUTHORIZED TO BE ALIENATED.

SECTION 3.DESCRIPTION OF LANDS TO BE ALIENATED.

SECTION 4. DESCRIPTION OF LANDS TO BE DEDICATED AS
REPLACEMENT/SUBSTITUTE LANDS IN PLACE OF LANDS BEING ALIENATED.

SECTION 5. REQUIREMENTS FOR COUNTY OF YATES TO DEDICATE FUNDS TO ACQUIRE
REPLACEMENT LENDS IN THE EVENT THAT THE FAIR MARKET VALUE OF THE
REPLACEMENT LANDS TO BE DEDICATED AS REFORESTED LANDS PURSUANT TO THIS
BILL IS LESS THEN THE FAIR MARKET VALUE OF THE LANDS AUTHORIZED TO BE
ALIENATED UNDER THIS BILL

SECTION 6. REQUIRES ALIENATED LANDS TO BE USED FOR SPECIFIC PURPOSE.

SECTION 7. EFFECTIVE DATE

 
JUSTIFICATION:

YATES COUNTY IS CURRENTLY FORCED TO LEASE SPACE ON A NEARBY PRIVATELY
OWNED TOWER FOR OPERATION OF ITS PUBLIC SAFETY RADIO COMMUNICATIONS.
ALLOWING THE COUNTY TO ERECT A NEW TOWER ON THE PROPOSED PARCEL OF LAND
WOULD NOT ONLY REDUCE OVERALL, LONG TERM COSTS TO THE COUNTY, IT WOULD
GREATLY IMPROVE EMERGENCY AND PUBLIC SAFETY RADIO COMMUNICATIONS
THROUGHOUT THE ITALY VALLEY BY ENSURING THE BEST POSSIBLE RECEPTION.

 
PRIOR LEGISLATIVE HISTORY:

NEW BILL.

 
EFFECTIVE DATE:
Immediately.

2019-S8344A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8344--A
 
                             I N  S E N A T E
 
                               May 15, 2020
                                ___________
 
 Introduced  by  Sen.  O'MARA -- read twice and ordered printed, and when
   printed to be committed  to  the  Committee  on  Local  Government  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 AN ACT authorizing the alienation of certain  reforested  lands  in  the
   county of Yates

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Notwithstanding section  219  of  the  county  law  to  the
 contrary,  the  county of Yates acting by and through its governing body
 and upon such terms and conditions as determined by such body, is hereby
 authorized to discontinue the use of lands described in section  two  of
 this  act acquired for reforestation purposes for the purposes of erect-
 ing, operating and maintaining  a  public  safety  radio  communications
 tower.    The  authorization provided in this section shall be effective
 only upon the acquisition by the  county  of  Yates  of  the  parcel  as
 described  in section three of this act, which is currently vacant prop-
 erty not used by the public for recreational or reforestation purposes.
   § 2.  The lands authorized to be alienated  by  the  county  of  Yates
 pursuant to section one of this act are described as follows:
   ALL THAT TRACT OR PARCEL OF LAND situate in Lot No. 28, in Township 7,
 Range  III of the Phelps & Gorham Purchase, in the Town of Italy, County
 of Yates, State of New York, bounded and described as follows:
   Beginning at a point on the east line of the first or westerly  subdi-
 vision  of  said  Lot  No.  28  and  the west line of lands reputedly of
 Cayward (Liber 559 of Deeds, Page 243), said point being North  03°  15'
 East,  850  +/-  feet from the intersection of said east subdivision lot
 line and the south line of said Lot No. 28, at or near the centerline of
 Emerson Road; thence North 86° 45' West through lands of  Yates  County,
 120.0  feet  to a point; thence North 03° 15' East on a line parallel to
 the east line of said subdivision lot line through lands of Yates  Coun-
 ty,  160.0  feet  to a point; thence South 86° 45' East through lands of
 Yates County, 120.0 feet to a point on the east line of said subdivision
 lot line and lands reputedly of Cayward; thence South 03° 15' West along
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD16275-05-0

 S. 8344--A                          2
 
 the east line of said  subdivision  lot  line  and  lands  reputedly  of
 Cayward,  160.0  feet  to the point or place of beginning, comprising an
 area of 0.441 acres more or less.
   Intending  to  describe  a  portion  of premises conveyed by Lester R.
 Platman, as Yates County Treasurer, to  the  County  of  Yates  by  deed
 recorded September 22, 1953 in Liber 170 of Deeds, Page 69.
   §  3.   The authorization provided in section one of this act shall be
 effective only upon the condition that on or before the  alienation  and
 conveyance  of lands described in section two of this act, the county of
 Yates  shall  acquire  and  dedicate  real  property  for  reforestation
 purposes,  of  equal  or  greater  fair  market value to the lands being
 alienated. In the event that the lands to be acquired by the  county  of
 Yates  for  reforestation purposes pursuant to this act are not equal to
 or greater than the fair market value of the lands to  be  alienated  by
 the  county  of  Yates, the county shall dedicate the difference between
 the fair market value of the lands to be alienated and the  fair  market
 value  of  the  lands  to  be acquired for the acquisition of additional
 lands for reforestation purposes. The additional  real  property  to  be
 acquired  and  dedicated  for reforestation purposes, being more partic-
 ularly bound and described as follows:
   ALL THAT TRACT OR PARCEL OF LAND situate in Lot No. 28, in Township 7,
 Range III of the Phelps & Gorham Purchase, in the Town of Italy,  County
 of Yates, State of New York, bounded and described as follows:
   Beginning  at a point on the east line of the first or westerly subdi-
 vision of said Lot No. 28 and west line of lands  reputedly  of  Cayward
 (Liber 559 of Deeds, Page 243) at the intersection of said east subdivi-
 sion  lot  line  and  the  south line of said Lot No. 28, at or near the
 centerline of Emerson Road; thence North 03° 15' East  along  said  east
 subdivision  lot line and west line of lands now or formerly of Cayward,
 815 +/- feet to a point; thence South 86°  45'  East  through  lands  of
 Cayward,  25.0  feet  to  a  point;  thence South 03° 15' West on a line
 parallel to the east line of said subdivision lot line and west line  of
 lands  reputedly  of Cayward through lands of Cayward, 815 +/- feet to a
 point on the south line of said Lot No. 28 at or near the centerline  of
 Emerson Road; thence North 86° 45' West along the south line of said Lot
 No.  28,  25  +/- feet to the point or place of beginning, comprising an
 area of 0.468 acres more or less.  Intending to describe  a  portion  of
 premises  conveyed  by  Paul  Dale  Cayward  to  Paul Dale and Lourie J.
 Cayward by deed recorded May 21, 2007 in Liber 559 of  Deeds,  Page  243
 and  intended  to be conveyed to Yates County.  Subject to the rights of
 the public in and to lands referred to as Emerson Road, and  subject  to
 utilities and easements of record.
   §  4.  If  the  property described in section three of this act, shall
 ever be used for a purpose other than the purpose described  in  section
 one  of  this act, such land shall be restored to its original state and
 maintained as reforested lands in accordance with  section  219  of  the
 county law.
   § 5. This act shall take effect immediately.

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