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This entry was published on 2014-09-22
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SECTION 9-1901
Legislative purpose and intent
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 9, TITLE 19
§ 9-1901. Legislative purpose and intent.

1. During the last one hundred years, both the state and private
parties have claimed title to identical portions of township forty,
Totten and Crossfield Purchase, in the town of Long Lake, county of
Hamilton. Indeed, some private parties have occupied and improved a
number of such parcels to which the state claims title and, in many
cases, both the state and private parties have paid taxes on such
parcels. In the last several decades, the state and some private parties
have commenced litigation, at significant expense and with limited
success, to establish their respective claims over disputed parcels. As
a result of longstanding claims to disputed parcels, the free transfer
of the parcels has been inhibited, thereby creating economic and social
hardship in township forty which, in turn, has prevented both state and
private parties from the full use and enjoyment of the parcels. The
legislature has determined that the judicial system is not an
appropriate forum to resolve these longstanding title disputes and that
a statutory solution is required.

2. For these reasons and as authorized by the provisions of section
one of article fourteen of the state constitution, the legislature finds
that it is in the public interest to comprehensively and expeditiously
resolve these longstanding title disputes in a manner which is fair and
equitable. The legislature finds that it is in the best interests of the
state, the county of Hamilton, the town of Long Lake, and the private
parties who claim title to portions of township forty to resolve these
title disputes in a structured and efficient manner that results in
clarification of ownership interests, enhancement of public access to
forest preserve lands, and the quiet enjoyment of private property.

3. The legislature further finds that resolution of these title
disputes shall be accomplished in a manner that ensures the integrity of
the forest preserve in the Adirondack park and that results in a net
benefit to the forest preserve when compared to the contested parcels.

4. The legislature further finds that the title disputes associated
with township forty constitute a unique situation, found nowhere else in
the state, and that consequently it is equitable and appropriate for the
state to relinquish its claim of title to disputed parcels within the
township. This relinquishment of claims to title shall not be deemed to
set precedent for the relinquishment of claims to title with respect to
other lands owned by the state.