S T A T E O F N E W Y O R K
________________________________________________________________________
7372--A
2023-2024 Regular Sessions
I N A S S E M B L Y
May 18, 2023
___________
Introduced by M. of A. THIELE, REYES, LEVENBERG, STIRPE, L. ROSENTHAL,
KELLES, COLTON, SIMONE, STERN, DURSO, GANDOLFO, JACOBSON, OTIS -- read
once and referred to the Committee on Environmental Conservation --
recommitted to the Committee on Environmental Conservation in accord-
ance with Assembly Rule 3, sec. 2 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the environmental conservation law, the parks, recre-
ation and historic preservation law, and the executive law, in
relation to authorizing the attorney general to approve certain state
land acquisitions made for the purposes of land conservation
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative intent. The legislature hereby finds and
declares that in order to achieve our state's land protection goals as
promoted in the Climate Action Plan, the "30 by 30" land conservation
law (chapter 747 of the laws of 2022), and the financial commitment
within the 2022 Bond Act, additional measures are needed to accelerate
the process whereby the state acquires land. Specifically, the review
process by the attorney general's office can be streamlined by enabling
the use of title insurance. This will also relieve land trusts of the
financial burden of holding onto land, in trust, for years at a time.
Further, it will reduce the backlog of pending acquisitions that is
unnecessarily jeopardizing the solvency of many of these organizations.
§ 2. Subdivision 1 of section 3-0305 of the environmental conservation
law, as added by chapter 727 of the laws of 1978, is amended to read as
follows:
1. The commissioner when moneys therefor have been appropriated by the
legislature or are otherwise available, may acquire any real property
which he OR SHE deems necessary for any of the purposes or functions of
the department, by purchase or as provided in the eminent domain proce-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10532-03-3
A. 7372--A 2
dure law. Title to such real property shall be taken in the name of and
be vested in the people of the state of New York. No real property shall
be so acquired by purchase unless the title thereto is approved by the
attorney general. THE ATTORNEY GENERAL MAY APPROVE ANY TITLE WHERE IT
HAS DETERMINED THAT THE CURRENT OWNER CAN CONVEY MARKETABLE TITLE TO THE
REAL PROPERTY. THE ATTORNEY GENERAL MAY ACCEPT FROM ANY REPUTABLE
COMMERCIAL INSURER, A TITLE POLICY NAMING THE PEOPLE OF THE STATE OF NEW
YORK AS INSURED, WITH SUCH POLICY TO COVER ANY TITLE DEFECTS WHICH WOULD
OTHERWISE RENDER THE TITLE UNMARKETABLE. The terms "property" or "real
property" as used in this section shall mean "real property" as defined
by section one hundred three of the eminent domain procedure law.
§ 3. Subdivision 1 of section 3.17 of the parks, recreation and
historic preservation law, as amended by chapter 727 of the laws of
1978, is amended to read as follows:
1. Notwithstanding any other provision of law, the commissioner may
acquire such property as may be necessary for the purposes and functions
of the office, within the amounts appropriated or available therefore.
Such property may be acquired pursuant to the provisions of the eminent
domain procedure law, or by purchase, lease, exchange, grant, condemna-
tion, gift, devise, bequest, or by any other lawful means. No real prop-
erty shall be so acquired unless the title thereto is approved by the
attorney general. THE ATTORNEY GENERAL MAY APPROVE ANY TITLE WHERE IT
HAS DETERMINED THAT THE CURRENT OWNER CAN CONVEY MARKETABLE TITLE TO THE
REAL PROPERTY. THE ATTORNEY GENERAL MAY ACCEPT FROM ANY REPUTABLE
COMMERCIAL INSURER, A TITLE POLICY NAMING THE PEOPLE OF THE STATE OF NEW
YORK AS INSURED, WITH SUCH POLICY TO COVER ANY TITLE DEFECTS WHICH WOULD
OTHERWISE RENDER THE TITLE UNMARKETABLE. Notwithstanding the provisions
of section eleven of the state finance law, the commissioner may accept
a conditional grant, gift, devise or bequest with the approval of the
director of the budget. Title to real property which is acquired shall
be taken in the name of and be vested in the people of the state of New
York.
§ 4. Section 63 of the executive law is amended by adding a new subdi-
vision 17 to read as follows:
17. BE AUTHORIZED TO APPROVE LAND ACQUISITIONS MADE BY THE STATE FOR
CONSERVATION PURPOSES, IN ACCORDANCE WITH THE PROVISIONS OF SUBDIVISION
ONE OF SECTION 3-0305 OF THE ENVIRONMENTAL CONSERVATION LAW AND SUBDIVI-
SION ONE OF SECTION 3.17 OF THE PARKS, RECREATION AND HISTORIC PRESERVA-
TION LAW.
§ 5. This act shall take effect immediately.