Legislation

Search OpenLegislation Statutes

This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 54-0907
Contracts
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 54, TITLE 9
§ 54-0907. Contracts.

1. The commissioner shall impose such contractual requirements and
conditions upon any municipality and any not-for-profit corporation
which receive state assistance payments pursuant to this title as may be
necessary and appropriate to ensure that a public benefit shall accrue
from the use of public funds by such municipality or not-for-profit
corporation. Such conditions shall include limitations on the right of
the municipality or not-for-profit corporation to demolish or convey
such property, provisions for public access or use where appropriate,
the granting of facade easements to the state, a requirement that all
plans for restoration, rehabilitation, improvement, demolition or other
physical change must be subject to the commissioner's approval, and such
other conditions which shall assure the preservation and protection of
the project.

2. Any not-for-profit corporation which receives state assistance
payments pursuant to this title for the acquisition of land for outdoor
recreation or conservation purposes shall execute a contract with the
commissioner which shall include the following:

a. An agreement to make and keep the lands accessible to the public
unless the commissioner determines that public accessibility would be
detrimental to the lands or any natural resources associated therewith;

b. An agreement not to sell, lease, exchange or donate the lands
except to the state, a local government unit or another qualifying tax
exempt non-profit organization for recreation and conservation purposes
approved by the commissioner; and

c. An agreement to execute and convey to the state at no charge a
conservation easement, pursuant to title three of article forty-nine of
this chapter, over the lands to be acquired with state assistance
payments.