§ 49-0307. Procedures for modifying or extinguishing conservation

easement.

1. A conservation easement held by a not-for-profit conservation
organization may only be modified or extinguished:

(a) as provided in the instrument creating the easement; or

(b) in a proceeding pursuant to section nineteen hundred fifty-one of
the real property actions and proceedings law; or

(c) upon the exercise of the power of eminent domain.

2. A conservation easement held by a public body outside the
Adirondack park or Catskill park, as defined in section 9-0101 of this
chapter, may only be modified or extinguished:

(a) as provided in the instrument creating the easement; or

(b) in a proceeding pursuant to section nineteen hundred fifty-one of
the real property actions and proceedings law; or

(c) upon the exercise of the power of eminent domain; or

(d) where land subject to a conservation easement or an interest in
such land is required for a major utility transmission facility which
has received a certificate of environmental compatibility and public
need pursuant to article seven of the public service law or is required
for a major steam electric generating facility which has received a
certificate of environmental compatibility and public need pursuant to
article eight of the public service law, upon the filing of such
certificate in a manner prescribed for recording a conveyance of real
property pursuant to section two hundred ninety-one of the real property
law or any other applicable provision of law.

3. A conservation easement held by a public body inside the Adirondack
park or the Catskill park, as defined in section 9-0101 of this chapter,
may be modified or extinguished:

(a) as provided in the instrument creating the easement; or

(b) upon the exercise of the power of eminent domain; or

(c) unless such easement is held by the state, in a proceeding
pursuant to section nineteen hundred fifty-one of the real property
actions and proceedings law; or

(d) where such easement is held by the state, upon a determination by
the commissioner, after a non-adjudicatory public hearing, at which the
public shall be given opportunity to be heard, that the easement can no
longer substantially accomplish its original purposes or any of the
purposes set forth in section 49-0301 of this title. Notice of any such
hearing shall be given to the public pursuant to thirty days published
notice in the state register, the environmental notice bulletin and in a
newspaper having general circulation in the county where the real
property burdened by the easement is situated and individual notice
shall be given in writing to any person who may be entitled to enforce
such easement pursuant to subdivision five of section 49-0305 of this
title at such address as such person shall file with the commissioner;
or

(e) where land subject to a conservation easement or an interest in
such land is required for a major utility transmission facility which
has received a certificate of environmental compatibility and public
need pursuant to article seven of the public service law or is required
for a major steam electric generating facility which has received a
certificate of environmental compatibility and public need pursuant to
the former article eight of the public service law, or a major electric
generating facility or repowering project which has received a
certificate of environmental compatibility and public need pursuant to
article ten of the public service law, upon the filing of such
certificate in a manner prescribed for recording a conveyance of real
property pursuant to section two hundred ninety-one of the real property
law or any other applicable provision of law, provided that such
certificate contains a finding that the public interest in the
conservation and protection of the natural resources, open spaces and
scenic beauty of the Adirondack or Catskill parks has been considered.

4. Where a conservation easement is modified or extinguished pursuant
to paragraph (d) of subdivision two or paragraph (e) of subdivision
three of this section, such easement shall be modified or extinguished
only to the minimum extent necessary to accommodate the facility which
is the subject of the certificate of environmental compatibility and
public need.

5. Nothing in this section shall be construed to preclude the
extinguishment or modification of a conservation easement pursuant to
the applicable provisions of the federal natural gas act (15
U.S.C. §§ 717-717 w).