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
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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.