Bill S341-2011

Requires open space conservation projects to be undertaken with willing sellers

Requires open space conservation projects to be undertaken with willing sellers; provides that the use of eminent domain for such projects shall be limited to lands where the owner thereof has consented thereto or where the eminent domain is required to quiet title.

Details

Actions

  • Apr 17, 2012: referred to environmental conservation
  • Apr 17, 2012: DELIVERED TO ASSEMBLY
  • Apr 17, 2012: PASSED SENATE
  • Mar 22, 2012: ADVANCED TO THIRD READING
  • Mar 21, 2012: 2ND REPORT CAL.
  • Mar 20, 2012: 1ST REPORT CAL.381
  • Jan 4, 2012: REFERRED TO FINANCE
  • Jan 4, 2012: returned to senate
  • Jan 4, 2012: died in assembly
  • Jun 20, 2011: referred to environmental conservation
  • Jun 20, 2011: DELIVERED TO ASSEMBLY
  • Jun 20, 2011: PASSED SENATE
  • May 16, 2011: ADVANCED TO THIRD READING
  • May 11, 2011: 2ND REPORT CAL.
  • May 10, 2011: 1ST REPORT CAL.570
  • Jan 5, 2011: REFERRED TO FINANCE

Meetings

Calendars

Votes

Memo

BILL NUMBER:S341

TITLE OF BILL: An act to amend the state finance law and the environmental conservation law, in relation to requiring open space land conservation projects to be undertaken with willing sellers

PURPOSE: Requires that open space conservation projects be undertaken with willing sellers.

SUMMARY OF PROVISIONS: The bill amends Section 92-s of the State Finance Law to provide that moneys from the Environmental Protection Fund shall be available, pursuant to appropriation, for open space land conservation projects undertaken with a willing seller. It amends section 54-0301 of the Environmental Conservation Law to redefine "open space conservation projects" as acquisition projects undertaken with willing sellers. It amends section 54-0303 to limit the use of eminent domain in connection with open space conservation projects to situations where the landowner has consented to its use or where its use is required to quiet title.

JUSTIFICATION: New York State is a national leader in the effort to conserve open space. The State's Open Space Conservation Plan expressly recognizes that in pursuing conservation goals, the State must deal fairly and openly with property owners on a willing seller/willing buyer basis. The Plan expressly limits the use of eminent domain for open space conservation purposes.

These provisions in the State's Open Space Conservation Plan have the unanimous support of the broadly representative membership of the Region 5 citizen's advisory committee. This committee, which contains representatives of local and county governments, landowners, and environmental advocacy organizations within the Adirondack Park, adopted the principles that became the basis of these State policies in a series of resolutions in 1992. Those resolutions helped to reduce the fears of residents and landowners regarding the State's use of compulsory land acquisition. They represented an historic public consensus that helped set the stage for the unprecedented achievements in the area of open space conservation that have ensued.

The record conclusively establishes that the State can achieve the objectives of its Open Space Conservation Plan working with willing sellers on a consensual basis. Title 3 of Article 54 of the Environmental Conservation Law, which authorizes the State's open space conservation program, and Section 92-s of the State Finance Law, which creates the Environmental Protection Fund, the largest source of State funding for that program, should reflect this commitment to consensual land acquisition. Enacting this legislation will further the public interest and promote public support for the State's Open Space Conservation program by requiring that open space conservation projects be undertaken with willing sellers.

LEGISLATIVE HISTORY: 2009/10: S.358 Finance; A.587 Environmental Conservation 2007/08: S.1121 Passed Senate 2006: S.7028 Finance

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ S. 341 A. 147 2011-2012 Regular Sessions S E N A T E - A S S E M B L Y (PREFILED) January 5, 2011 ___________
IN SENATE -- Introduced by Sen. LITTLE -- read twice and ordered print- ed, and when printed to be committed to the Committee on Finance IN ASSEMBLY -- Introduced by M. of A. SAYWARD -- read once and referred to the Committee on Environmental Conservation AN ACT to amend the state finance law and the environmental conservation law, in relation to requiring open space land conservation projects to be undertaken with willing sellers THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. 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: (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. S 2. 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 3. 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 eminent domain of any open space land conservation project except in accordance with the state land acquisition policy set forth in section 49-0203 of this chap- ter] THE USE OF EMINENT DOMAIN IN CONNECTION WITH ANY OPEN SPACE CONSER- VATION PROJECT SHALL BE LIMITED TO LANDS WITH RESPECT TO WHICH THE OWNER HAS CONSENTED TO THE USE OF EMINENT DOMAIN OR WHERE THE USE OF EMINENT DOMAIN IS REQUIRED TO QUIET TITLE. S 4. This act shall take effect immediately.

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