Enacts the "Adirondack sportsmen's club preservation act"; provides that state acquisition of open space land shall only be undertaken with a willing seller and shall remain subject to the leases of sportsmen's clubs thereon.

---

S2487-2011 Actions

• Jan 4, 2012: REFERRED TO FINANCE
• Jan 24, 2011: REFERRED TO FINANCE

S2487-2011 Memo

BILL NUMBER:S2487

TITLE OF BILL:
An act
to amend the state finance law and the environmental conservation law,
in relation to enacting the "Adirondack sportsmen's club preservation
act"

PURPOSE:
To establish the "Adirondack sportsmen's club preservation act".

SUMMARY OF PROVISIONS:
Section one: Contains the short title.

Section two: legislative findings: the provisions of this act are
intended to grant any such club the right of first refusal to
purchase or attain a long term lease of the land utilized by the club
and additional land including, but not limited to, a deeded right of
way at fair market value.
Sportsmen's clubs shall be deemed to retain exclusive access to and
usage rights for hunting and fishing, while allowing public access to
the land for other recreational activities.

Section three: amends paragraph (d) of subdivision 6 of section 92-s
of the state finance law, stating that moneys from the open space
account shall be available, pursuant to appropriation, for any open
space land conservation project undertaken with a willing seller
provided that such moneys shall not be used to acquire lands on which
hunting and fishing camps are located if the lease agreements are to
be discontinued.

Section four: amends section 54-0301 of the environmental conservation
law by defining "open space projects" to mean acquisition projects
undertaken with willing sellers.

Section five: amends subdivision 6 of section 54-0303 of the
environmental conservation law, by omitting existing language and
adding "the use of eminent domain in connection with any open space
land conservation project shall be limited to lands with respect to
which the owner or leaseholder has consented to the use of eminent
domain or where the use of eminent domain is required to
quiet title".

Section six: This act shall take effect immediately.

JUSTIFICATION:
Hunting and fishing camps are an important piece in the fabric of the
Adirondacks. Generations of families have been traveling to the
Adirondacks to participate in these important American pastimes. The
economy of this area of the state is dependent on tourism and
recreational activities. It is estimated that tens of millions of
dollars annually is injected into the local economy from members of
sportsmen's clubs through the purchase of goods and services. Not
only is there an economic benefit from these clubs, their members are
true stewards of the land, and provide important environmental and
habitat preservation.


LEGISLATIVE HISTORY:
2009- 2010 S.4789 Referred to Finance Committee

FISCAL IMPLICATIONS:
None to the state.

EFFECTIVE DATE:
Immediately.

S2487-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    2487

                         2011-2012 Regular Sessions

                              I N  SENATE

                              January 24, 2011
                                 ___________

  Introduced  by  Sen.  LITTLE -- read twice and ordered printed, and when
    printed to be committed to the Committee on Finance

  AN ACT to amend the state finance law and the environmental conservation
    law, in relation to enacting the "Adirondack sportsmen's club  preser-
    vation act"

    THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section 1. Short title. This act shall be known and may  be  cited  as
  the "Adirondack sportsmen's club preservation act".
    S  2.  Legislative findings. The legislature hereby finds that hunting
  and fishing camps are an important fabric of the  Adirondacks.    Gener-
  ations of families have been traveling to the Adirondacks to participate
  in  these  important  American pastimes. The economy of this area of the
  state is dependent on tourism and recreational activities.  It is  esti-
  mated  that  tens  of  millions of dollars annually is injected into the
  local economy from members of sportsmen's clubs through the purchase  of
  goods  and  services.  Not  only is there an economic benefit from these
  clubs, their members are true stewards of the land, and  provide  impor-
  tant environmental and habitat preservation.
    The provisions of this act, in the case of the conveyance of privately
  owned  land  to the state of New York when a sportsmen's club is located
  upon such land, is intended to grant any such club the  right  of  first
  refusal  to purchase or attain a long term lease of the land utilized by
  the club and additional land including, but not  limited  to,  a  deeded
  right  of way at fair market value. Sportsmen's clubs shall be deemed to
  retain exclusive access to and usage rights  for  hunting  and  fishing,
  while  allowing  public access to the land for other recreational activ-
  ities.
    S 3. Paragraph (d) of subdivision 6  of  section  92-s  of  the  state
  finance  law,  as  amended  by section 13 of part E of chapter 61 of the
  laws of 2000, is amended to read as follows:


   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD07960-01-1

 S. 2487                             2

    (d) Moneys from the open space account shall be available, pursuant to
  appropriation, for any open space land conservation  project  UNDERTAKEN
  WITH  A  WILLING SELLER, bio-diversity stewardship and research pursuant
  to chapter five hundred fifty-four of the laws of nineteen hundred nine-
  ty-three,  for  the  purposes  of  agricultural  and farmland protection
  activities as authorized by article twenty-five-AAA of  the  agriculture
  and  markets law, non-point source abatement and control projects pursu-
  ant to section 17-1409 of the environmental conservation law and section
  eleven-b of the soil and water  conservation  districts  law,  for  Long
  Island  Central  Pine  Barrens  area planning or Long Island south shore
  estuary reserve planning pursuant to title thirteen  of  article  fifty-
  four  of  the  environmental  conservation  law,  and  for operation and
  management of the Albany  Pine  Bush  preserve  commission  pursuant  to
  subdivision  two  of  section  54-0303 of the environmental conservation
  law.  PROVIDED, THAT SUCH MONEYS SHALL NOT BE USED TO ACQUIRE  LANDS  ON
  WHICH  HUNTING AND FISHING CAMPS ARE LOCATED IF THE LEASE AGREEMENTS ARE
  TO BE DISCONTINUED.
    S 4. Section 54-0301 of the environmental conservation law,  as  added
  by chapter 610 of the laws of 1993, is amended to read as follows:

  S 54-0301. [Definitions] DEFINITION.
    For  purposes  of  this title, "open space land conservation projects"
  shall mean acquisition projects UNDERTAKEN WITH WILLING SELLERS, includ-
  ing the purchase of conservation easements undertaken by the commission-
  er and/or the commissioner  of  the  office  of  parks,  recreation  and
  historic  preservation  listed  in the state open space land acquisition
  plan prepared pursuant to title 2 of article 49 of this chapter.
    S 5. Subdivision 6 of section 54-0303 of the  environmental  conserva-
  tion  law,  as  added  by chapter 610 of the laws of 1993, is amended to
  read as follows:

    6. [No monies shall be expended for acquisition by] THE USE OF eminent
  domain [of] IN CONNECTION WITH any open space land conservation  project
  [except  in  accordance with the state land acquisition policy set forth
  in section 49-0203 of this chapter]  SHALL  BE  LIMITED  TO  LANDS  WITH
  RESPECT  TO  WHICH  THE OWNER OR LEASEHOLDER HAS CONSENTED TO THE USE OF
  EMINENT DOMAIN OR WHERE THE USE OF EMINENT DOMAIN IS REQUIRED  TO  QUIET
  TITLE.
    S 6. This act shall take effect immediately.