NY State Senate Bill 2019-S4353

Senate Bill S4353

2019-2020 Legislative Session

Relates to the enforcement by the village of Sagaponack of interests in real property acquired for the purposes of open space or open areas

download bill text pdf

Archive: Last Bill Status - In Senate Committee Local Government 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to local government
Mar 08, 2019	referred to local government

2019-S4353 (ACTIVE) - Details

See Assembly Version of this Bill:: A6482
Current Committee:: Senate Local Government
Law Section:: Suffolk County
Versions Introduced in Other Legislative Sessions:: 2015-2016: S3810, A5309
2017-2018: S2981, A2338
2021-2022: S4024, A4216

2019-S4353 (ACTIVE) - Summary

Relates to the enforcement by the village of Sagaponack of interests in real property acquired for the purposes of open space or open areas.

2019-S4353 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4353

SPONSOR: LAVALLE
 
TITLE OF BILL:

An act in relation to the enforcement by the village of Sagaponack of
interests in real property acquired for the purposes of open space or
open areas

 
PURPOSE:

Relates to the enforcement by the Village of Sagaponack of interests in
real property acquired for the purposes of open space or open areas.

 
SUMMARY OF PROVISIONS:

Allows the Village of Sagaponack in Suffolk County, to enforce through
its governing board, any interest acquired by a municipal corporation
within the incorporated village, pursuant to Section 247 of the General
Municipal Law relating to real property acquired for the purposes of
open space or open areas.

 
JUSTIFICATION:

Section 247 of the State General Municipal Law grants municipalities the
authority to institute programs to preserve agricultural lands. In
essence, the towns protect agricultural lands by purchasing "development
rights" from the landowner that prohibits the land from being developed
for residential purposes, while permitting the land to continue to be
used for agricultural purposes, as defined in Section 301 of the State
Agriculture and Markets Law.  The towns either hold such development
rights or extinguish those rights. Fee title to land remains in private
ownership to be used for agriculture purposes.

This legislation would allow the Village of Sagaponack to enforce
through its governing board, any interest acquired by a municipal corpo-
ration within the incorporated village pursuant to Section 247 of the
General Municipal Law, notwithstanding the fact that the Village was not
an original party to the acquisition. A record of such acquisition must
be filed in the manner provided by Section 291 of the Real Property Law
relating to the recording of real property conveyances.

 
LEGISLATIVE HISTORY:

2017-18: S.2981-A/A.2338-A
2015-16 S.3810/A.5309

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately.

2019-S4353 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 4353                                                  A. 6482
 
                        2019-2020 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                               March 8, 2019
                                ___________
 
 IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
   ed, and when printed to be committed to the Committee on Local Govern-
   ment
 
 IN  ASSEMBLY  -- Introduced by M. of A. THIELE -- read once and referred
   to the Committee on Local Governments

 AN ACT in relation to the enforcement by the village  of  Sagaponack  of
   interests  in real property acquired for the purposes of open space or
   open areas
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Notwithstanding any provision of law to the contrary, the
 village of Sagaponack in the county of Suffolk, may enforce through  its
 governing board, any interest acquired by a municipal corporation within
 the incorporated village, pursuant to section 247 of the general munici-
 pal  law,  notwithstanding the fact that the village was not an original
 party to the acquisition, provided that a record of such acquisition  is
 filed  in  the  manner provided by section 291 of the real property law.
 Such enforceability shall not be  defeated  because  of  any  subsequent
 adverse possession, laches, estoppel, waiver, change in character of the
 surrounding  neighborhood  or  any rule of common law. No general law of
 the state which operates to defeat the enforcement of  any  interest  in
 real property shall operate to defeat the enforcement of any acquisition
 pursuant  to  this section, unless such general law expressly states the
 intent to defeat the enforcement of any  acquisition  pursuant  to  this
 section.
   § 2. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10531-01-9

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