Requires the commissioner of parks, recreation and historic preservation to acquire the mineral interests under all land acquired or received by the state for the office of parks, recreation and historic preservation, unless the commissioner of parks, recreation and historic preservation finds that the land is of great significance and importance to the state.
S T A T E O F N E W Y O R K
________________________________________________________________________
7367
2025-2026 Regular Sessions
I N A S S E M B L Y
March 25, 2025
___________
Introduced by M. of A. KIM -- read once and referred to the Committee on
Tourism, Parks, Arts and Sports Development
AN ACT to amend the parks, recreation and historic preservation law, in
relation to requiring the office of parks, recreation and historic
preservation to acquire all mineral rights to real property acquired
by such office
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. 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. PROVIDED, FURTHER, THAT NO REAL PROPERTY SHALL BE
ACQUIRED, RECEIVED, HELD OR ADMINISTERED BY THE COMMISSIONER UNLESS THE
MINERAL RIGHTS ON AND UNDER SUCH LAND ARE ALSO ACQUIRED BY THE COMMIS-
SIONER IN THE NAME OF THE PEOPLE OF THE STATE OF NEW YORK; PROVIDED,
HOWEVER, THAT THE COMMISSIONER MAY ACQUIRE, RECEIVE, HOLD OR ADMINISTER
REAL PROPERTY TO WHICH THE COMMISSIONER HAS NOT ACQUIRED THE MINERAL
RIGHTS THERETO IN ANY CASE IN WHICH THE COMMISSIONER FINDS THAT SUCH
REAL PROPERTY IS OF GREAT SIGNIFICANCE AND IMPORTANCE TO THE STATE.
PRIOR TO THE ACQUISITION, RECEIPT, HOLDING OR ADMINISTRATION OF REAL
PROPERTY BY THE OFFICE TO WHICH THE COMMISSIONER HAS NOT ACQUIRED THE
MINERAL RIGHTS THERETO, THE COMMISSIONER SHALL ISSUE AN ANALYTICAL
REPORT THAT PROVIDES JUSTIFICATION AND THE RATIONALE FOR SUCH PROPERTY
ACQUISITION, NOTWITHSTANDING THE LACK OF THE MINERAL RIGHTS THERETO,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03135-01-5
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