Establishes provisions of law, as authorized by a proposed constitutional amendment, providing for the settlement of land disputes between the state and private parties with regard to parcels in township 40, Totten and Crossfield Purchase, in the town of Long Lake, county of Hamilton.
Ayes (60): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Johnson, Kennedy, Klein, Krueger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Storobin, Valesky, Young, Zeldin
Excused (2): Espaillat, Huntley
TITLE OF BILL: An act to amend the environmental conservation law, in relation to providing for the settlement of a land dispute between the state and private parties with regard to parcels in township 40, Totten and Crossfield Purchase, in the town of Long Lake, county of Hamilton
PURPOSE: This bill amends the Environmental Conservation Law (ECL) to implement a constitutional amendment authorizing resolution of 100 year old competing claims of title between the State and private parties in Township Forty, Trotten and Crossfield Purchase (Raquette Lake), in the town of Long Lake, Hamilton county (Township Forty.)
SUMMARY OF PROVISIONS: Section 1 of this bill adds a new Title 19 to Article 9 of the Environmental Conservation Law (ECL), titled Township Forty Settlement Act.
ECL §9-1901 states the legislative purpose and intent of the act.
ECL §9-1903 sets forth the definitions of the Act.
ECL §9-1905 sets forth the list of disputed parcels in Township 40.
ECL §9-1907 sets for the process for clearing title to disputed parcels. Occupants of contested parcel would be required to make payments to the Town of Long Lake (the Town), which would apply such payments towards the acquisition of land for conveyance to the State for inclusion in the Forest Preserve. Such land, subject to legislative approval, would be required to have a net benefit to the Forest Preserve when compared to the contested parcels. Occupants would be permitted to convey land in fee to the state or an easement to the Town, the value of which would reduce the payment due for the contested parcel. The state will relinquish its claim to contested parcels upon the acquisition of such land from the Town.
ECL §9-1909 directs the Office of the Attorney General to file suit under the Real Property Actions and Proceeding Law against any person who claims title to a disputed parcel but declines to participate in the process for clearing title set forth in ECL §9-1704.
ECL §9-1913 clarifies that the Adirondack Park Agency retains regulatory jurisdiction over any land located within Township 40.
ECL §9-1915 sets forth the form to be used by persons who claim title to disputed parcels but decline to participate in the process for clearing title set forth in ECL §9-1907.
§2 of the bill provides that the act is effective upon passage of a constitutional amendment authorizing legislation to resolve contested title in Township 40.
The goal of this legislation is to resolve, in an equitable manner, a 100 year dispute between the State of New York and private parties involving legal title to more than 200 parcels of land in Township Forty. Litigation over this matter has resulted in a mix of court decisions, with some favorable to the State and some favorable to the occupants. However, litigation over Township 40 title is extremely complex and time consuming because there are fifty intermingled chains of title in the Township and it is difficult to develop proof on what mayor may not have happened more than 100 years ago, prior to the State's acquisition of its chain of title. For instance, it cannot now be established with any reasonable degree of certainty whether tax sales that occurred more than 100 years ago complied with applicable legal requirements, or whether a current occupant's distant predecessor in title may have acquired title through adverse possession against the State's distant predecessor in title 100 years ago.
This legislation list the parcels which are in dispute and provides that the State will relinquish its claim to those parcels once the Town of Long Lake (Town) applies all payments received from those claiming title to contested parcels towards the acquisition of land by the State for inclusion in the Forest Preserve that provides a net benefit to the Forest Preserve when compared to the disputed parcels. This conveyance will be subject to legislative approval. The "replacement lane" requirement will ensure that the overall integrity of the Forest Preserve is not diminished and in fact would be enhanced. Currently, the public has no opportunity to recreate on the contested parcels because they are currently occupied by the private camps, primary residences and private businesses.
The Town will apply all payments received from the occupants to acquire the "replacement land." The amount an occupant would be required to pay the Town will vary depending upon the assessed value of the person's disputed parcel. The average payment per parcel will be approximately $2,900, and the total of such payments will be approximately $627,000. Applying the formula set forth in ECL
§9-1704, the smallest required payment for a parcel will be approximately $2,007 and the largest payment will be approximately $7,900.
The legislation enables occupants to opt out of the settlement. However, since the goal of the legislation is to resolve each and every title dispute in Township 40, the legislation directs the Office of the Attorney General to commence litigation to determine the title to any "opted out" parcel within two years.
The legislation also allows an occupant to reduce his or her payment to the Town if they either convey a portion of the disputed parcel in fee to the State or convey a conservation easement over all or a part of the disputed parcel to the Town, with a secondary right of enforcement in the State. This provision, coupled with existing Adirondack Park Agency jurisdiction over private lands in the Adirondack Park, should keep development along the shoreline of Raquette Lake within reasonable limits.
In 2008, a concurrent resolution (A.11734 and S.8658-A) authorizing a constitutional amendment to be placed on the ballot to resolve Township 40 title disputes received first passage by the legislature but did not receive second passage. Legislation to implement such an amendment has not previously been introduced.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This bill would take effect upon passage of a constitutional amendment authorizing legislation to resolve contested title in Township 40.
STATE OF NEW YORK ________________________________________________________________________ 7659 IN SENATE June 12, 2012 ___________Introduced by Sen. LITTLE -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the environmental conservation law, in relation to providing for the settlement of a land dispute between the state and private parties with regard to parcels in township 40, Totten and Crossfield Purchase, in the town of Long Lake, county of Hamilton THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Article 9 of the environmental conservation law is amended by adding a new title 19 to read as follows: TITLE 19 TOWNSHIP FORTY SETTLEMENT ACT SECTION 9-1901. LEGISLATIVE PURPOSE AND INTENT. 9-1903. DEFINITIONS. 9-1905. LIST OF DISPUTED PARCELS. 9-1907. PROCESS FOR CLEARING TITLE. 9-1909. ATTORNEY GENERAL TO FILE SUIT. 9-1911. CONVEYANCES TO THE STATE. 9-1913. ADIRONDACK PARK AGENCY JURISDICTION. 9-1915. NOTICE OF NONPARTICIPATION FORMAT. S 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. THEEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15881-02-2 S. 7659 2
LEGISLATURE HAS DETERMINED THAT THE JUDICIAL SYSTEM IS NOT AN APPROPRI- ATE FORUM TO RESOLVE THESE LONGSTANDING TITLE DISPUTES AND THAT A STATU- TORY 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. S 9-1903. DEFINITIONS. FOR PURPOSES OF THIS TITLE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOW- ING MEANINGS: 1. "COUNTY" MEANS THE COUNTY OF HAMILTON. 2. "DISPUTED PARCEL" MEANS A PARCEL OF LAND LOCATED IN TOWNSHIP FORTY TO WHICH BOTH THE STATE AND A PERSON CLAIM TITLE. 3. "PERSON" MEANS ANY INDIVIDUAL, FIRM, PARTNERSHIP, ASSOCIATION, TRUST, LIMITED LIABILITY COMPANY OR CORPORATION THAT CLAIMS TITLE TO A DISPUTED PARCEL. 4. "TOWN" MEANS THE TOWN OF LONG LAKE, IN THE COUNTY OF HAMILTON. 5. "TOWNSHIP FORTY" MEANS TOWNSHIP FORTY, TOTTEN AND CROSSFIELD PURCHASE. S 9-1905. LIST OF DISPUTED PARCELS. THE FOLLOWING PARCELS OF LAND, IDENTIFIED BY THE COUNTY'S TWO THOUSAND TEN ASSESSMENT ROLLS AND THE COUNTY'S ONLINE MAPPING SYSTEM AS OF APRIL FIFTH, TWO THOUSAND TWELVE, AND ANY SUBSEQUENT CONVEYANCES THEREFROM, ARE THE DISPUTED PARCELS THAT ARE THE SUBJECT OF THE PROVISIONS OF THIS TITLE: 37.016-1-1.100 37.016-1-1.210 37.016-1-1.220 37.016-1-2 37.016-1-3 37.016-1-4.110 37.016-1-4.120 37.016-1-4.131 37.016-1-4.132 37.016-1-4.140 37.016-1-4.150 37.016-1-4.160 37.016-1-4.200 37.016-1-4.300S. 7659 3
37.016-1-5 37.016-1-6 37.016-1-8.100 37.016-1-10, 37.018-1-1 44.000-1-18 44.000-1-19 44.000-1-20 44.000-1-22 44.000-1-26.100 44.000-1-26.111 44.000-1-26.112 44.000-1-26.121 44.000-1-27-112 44.000-1-27.113 44.000-1-27.120 44.000-1-27.211 44.000-1-27.212 44.000-1-27.220 44.000-1-28 44.000-1-3 44.000-1-4.111 44.000-1-4.121 44.000-1-4.200 44.000-1-8 44.000-1-9 44.000-1-10 44.000-1-11 44.000-2-32.100 44.000-2-33.100 44.000-3-1 44.000-3-10 44.000-3-11 44.000-3-12 44.000-3-13 44.000-3-14 44.000-3-15 44.000-3-16 44.000-3-17 44.000-3-2.100 44.000-3-2.200 44.000-3-3 44.000-3-4 44.000-3-5 44.000-3-6 44.000-3-7 44.000-3-8 44.000-3-9.100 44.000-4-1.100 44.000-4-1.200 44.000-4-1.300 44.014-1-10 44.014-1-11.100 44.014-1-12 44.014-1-13 44.014-1-2S. 7659 4
44.014-1-3.100 44.014-1-3.200 44.014-1-4.200 44.014-1-5 44.014-1-6 44.014-1-7 44.014-1-8 44.014-1-9 44.014-2-1 44.015-1-1 44.015-1-2 44.015-1-3 44.015-1-4 44.015-1-5 44.015-1-6 44.015-1-7 44.015-1-8 44.015-1-9 44.018-1-1.110 44.018-1-10 44.018-1-11 44.018-1-12 44.018-1-13 44.018-1-14 44.018-1-15 44.018-1-17 44.018-1-18 44.018-1-19 44.018-1-2 44.018-1-20 44.018-1-21 44.018-1-22.111 44.018-1-22.112 44.018-1-22.114 44.018-1-22.115 44.018-1-22.116 44.018-1-22.120 44.018-1-22.200 44.018-1-23.111 44.018-1-23.112 44.018-1-23.120 44.018-1-23.130 44.018-1-23.200 44.018-1-23.311 44.018-1-23.312 44.018-1-23.320 44.018-1-27.110 44.018-1-27.200 44.018-1-28.100 44.018-1-3 44.018-1-4 44.018-1-5 44.018-1-6.100 44.018-1-8.100 44.018-1-8.200 44.018-1-8.300S. 7659 5
44.018-1-9 44.018-3-1 44.018-3-2 44.018-3-2.100 52.006-1-13 52.006-1-18 52.006-1-19.100 52.006-1-19.200 52.006-1-19.300 52.006-1-20 52.006-1-22 52.006-1-23 52.006-1-24 52.006-1-25 52.006-1-26 52.006-1-27 52.006-2-1 52.006-2-10 52.006-2-11 52.006-2-12 52.006-2-13 52.006-2-14 52.006-2-15 52.006-2-16 52.006-2-17 52.006-2-18 52.006-2-19.100 52.006-2-19.200 52.006-2-2.121 52.006-2-2.122 52.006-2-2.123 52.006-2-2.124 52.006-2-2.200 52.006-2-20 52.006-2-21.111 52.006-2-21.112 52.006-2-22.110 52.006-2-22.120 52.006-2-23.111 52.006-2-23.112 52.006-2-23.113 52.006-2-23.114 52.006-2-23.115 52.006-2-23.116 52.006-2-23.117 52.006-2-23.118 52.006-2-23.119 52.006-2-23.120 52.006-2-24./1 52.006-2-24.100 52.006-2-25.100 52.006-2-26.100 52.006-2-26.200 52.006-2-27 52.006-2-28.111 52.006-2-28.112S. 7659 6
52.006-2-28.113 52.006-2-28.114 52.006-2-28.120 52.006-2-28.200 52.006-2-29 52.006-2-3 52.006-2-4 52.006-2-5 52.006-2-6 52.006-2-7 52.006-2-8 52.006-2-9 52.011-1-1 52.011-1-10.100 52.011-1-10.200 52.011-1-11 52.011-1-2.111 52.011-1-2.112 52.011-1-2.113 52.011-1-2.120 52.011-1-2.200 52.011-1-4.200 52.011-1-5 52.011-1-6 52.011-1-7.100 52.011-1-8 52.011-1-9.110 52.011-1-9.120 52.011-1-9.211 52.011-1-9.212 52.011-1-9.220 52.011-1-9.230 52.011-1-9.300 S 9-1907. PROCESS FOR CLEARING TITLE. 1. WITHIN THIRTY DAYS OF THE EFFECTIVE DATE OF THIS SECTION, THE DEPARTMENT SHALL SEND, BY FIRST CLASS MAIL, A LETTER TO EACH PERSON CLAIMING TITLE TO A DISPUTED PARCEL LISTED IN SECTION 9-1905 OF THIS TITLE, INFORMING THE PERSON THAT A CONSTITUTIONAL AMENDMENT HAS BEEN ADOPTED AND LEGISLATION ENACTED THAT AUTHORIZES A RESOLUTION OF TITLE ISSUES ON DISPUTED PARCELS IN TOWNSHIP FORTY, INCLUDING THE DISPUTED PARCEL TO WHICH THE PERSON CLAIMS OWNERSHIP RIGHTS. THE DEPARTMENT SHALL SEND A SEPARATE LETTER FOR EACH DISPUTED PARCEL. SUCH LETTER SHALL DESCRIBE THE PROCESS FOR RESOLVING TITLE SET FORTH IN THIS TITLE AND STATE THAT, UNTIL SUCH TIME AS THE STATE IS ESTOPPED FROM ASSERTING ITS CLAIM OF TITLE TO THE DISPUTED PARCEL PURSUANT TO SUBDIVISION SEVEN OF THIS SECTION, THE PERSON CLAIMING TITLE TO THE DISPUTED PARCEL SHALL ASSUME ALL THE RISK WITH RESPECT TO SUBDIVIDING OR ADDING NEW STRUCTURES OR IMPROVEMENTS TO THE DISPUTED PARCEL. THE DEPARTMENT SHALL PROVIDE A COPY OF EACH SUCH LETTER TO THE ATTORNEY GENERAL. 2. WITHIN NINETY DAYS OF THE RECEIPT OF THE DEPARTMENT'S LETTER, PURSUANT TO SUBDIVISION ONE OF THIS SECTION, A PERSON SHALL, FOR EACH DISPUTED PARCEL, EITHER: A. NOTIFY THE DEPARTMENT IN WRITING, WITH A COPY TO THE ATTORNEY GENERAL AND THE TOWN, (I) THAT HE OR SHE WILL PARTICIPATE IN THE PROCESS SET FORTH IN THIS TITLE TO RESOLVE TITLE TO THE DISPUTED PARCEL OR PARCELS, AND (II) WHETHER HE OR SHE INTENDS TO PROVIDE AS A GIFT TO THES. 7659 7
STATE A SPECIFIED PORTION OF A DISPUTED PARCEL IN FEE SIMPLE WITHOUT RESERVATIONS FOR INCLUSION IN THE FOREST PRESERVE OR A CONSERVATION EASEMENT TO THE TOWN RESTRICTING DEVELOPMENT OVER ALL OR A SPECIFIED PORTION OF A DISPUTED PARCEL, WITH A SECONDARY RIGHT OF ENFORCEMENT IN THE STATE; OR B. PROVIDE THE DEPARTMENT WITH A NOTARIZED STATEMENT OF NONPARTIC- IPATION AS SET FORTH IN SECTION 9-1915 OF THIS TITLE, INDICATING THAT HE OR SHE DECLINES TO PARTICIPATE IN THE PROCESS ESTABLISHED BY THIS TITLE TO RESOLVE TITLE TO DISPUTED PARCELS, AND PROVIDE A COPY OF SUCH NOTA- RIZED STATEMENT TO THE ATTORNEY GENERAL AND THE TOWN. 3. WITH RESPECT TO A PARCEL OR CONSERVATION EASEMENT WHICH THE PERSON INTENDS TO PROVIDE AS A GIFT TO THE STATE OR THE TOWN, RESPECTIVELY, AS SPECIFIED IN PARAGRAPH A OF SUBDIVISION TWO OF THIS SECTION, THE TOWN SHALL PROVIDE THE PERSON WITH AN ASSESSED VALUE OF THE PROPOSED CONVEY- ANCE, WITH A COPY TO THE DEPARTMENT, WITHIN ONE HUNDRED TWENTY DAYS OF THE TOWN'S RECEIPT OF A COPY OF THE NOTIFICATION CONCERNING SUCH GIFT. 4. WITHIN TWELVE MONTHS OF THE DATE OF THE LETTERS SENT BY THE DEPART- MENT PURSUANT TO SUBDIVISION ONE OF THIS SECTION, ALL PERSONS WHO ARE PARTICIPATING IN THE PROCESS SET FORTH IN THIS TITLE TO RESOLVE TITLE TO DISPUTED PARCELS SHALL CONVEY TO THE STATE ANY LAND WHICH SUCH PERSONS EXPRESSED AN INTENT TO SO CONVEY PURSUANT TO PARAGRAPH A OF SUBDIVISION TWO OF THIS SECTION, AND CONVEY TO THE TOWN ANY CONSERVATION EASEMENTS WHICH SUCH PERSONS EXPRESSED AN INTENT TO SO CONVEY PURSUANT TO PARA- GRAPH A OF SUBDIVISION TWO OF THIS SECTION, AND MAKE PAYMENT TO THE TOWN DUE PURSUANT TO SUBDIVISION FIVE OF THIS SECTION. 5. PERSONS PARTICIPATING IN THE PROCESS SET FORTH IN THIS TITLE TO RESOLVE TITLE TO DISPUTED PARCELS SHALL PAY THE TOWN AN AMOUNT THAT APPROXIMATES THE STATE'S ADMINISTRATIVE COSTS IN RESOLVING THE DISPUTED PARCELS SITUATED WITHIN TOWNSHIP FORTY. THE PAYMENT AMOUNT FOR EACH INDIVIDUAL DISPUTED PARCEL SHALL BE THE SUM OF: (A) A FLAT RATE OF TWO THOUSAND DOLLARS PER PARCEL; AND (B) AN AMOUNT EQUAL TO THE TOTAL ASSESSED VALUE OF THE PARCEL, INCLUDING STRUCTURES AND IMPROVEMENTS SITUATED THEREON, AS DETERMINED BY THE TWO THOUSAND TWELVE TOWN ASSESS- MENT, LESS THE ASSESSED VALUE OF ANY PORTION OF SUCH PARCEL CONVEYED TO THE STATE IN FEE OR ANY CONSERVATION EASEMENT CONVEYED TO THE TOWN, PURSUANT TO PARAGRAPH A OF SUBDIVISION TWO OF THIS SECTION, DIVIDED BY THE TOTAL ASSESSED VALUE OF ALL DISPUTED PARCELS, INCLUDING STRUCTURES AND IMPROVEMENTS SITUATED THEREON AS DETERMINED BY THE TWO THOUSAND TWELVE TOWN ASSESSMENT, MULTIPLIED BY TWO HUNDRED THOUSAND DOLLARS. THE TOWN SHALL USE ALL SUCH PAYMENTS TO ACQUIRE LAND FOR INCLUSION IN THE FOREST PRESERVE PURSUANT TO SUBDIVISION SIX OF THIS SECTION. 6. WITHIN EIGHTEEN MONTHS OF THE DATE OF THE LETTERS SENT BY THE DEPARTMENT PURSUANT TO SUBDIVISION ONE OF THIS SECTION, THE DEPARTMENT SHALL IDENTIFY LANDS FOR THE TOWN TO ACQUIRE FOR INCLUSION IN THE FOREST PRESERVE. SUBJECT TO LEGISLATIVE APPROVAL, SUCH LANDS SHALL PROVIDE A NET BENEFIT TO THE FOREST PRESERVE AS COMPARED TO THE DISPUTED PARCELS TO WHICH THE STATE IS ESTOPPED FROM ASSERTING A CLAIM PURSUANT TO SUBDI- VISION SEVEN OF THIS SECTION. THE TOWN SHALL USE ALL PAYMENTS ACQUIRED PURSUANT TO SUBDIVISION FIVE OF THIS SECTION FOR THE ACQUISITION OF SUCH LANDS. SUCH LANDS SHALL BE CONVEYED FROM THE OWNER DIRECTLY TO THE STATE. 7. UPON LEGISLATIVE APPROVAL OF THE LANDS TO BE PROVIDED TO THE STATE PURSUANT TO SUBDIVISION SIX OF THIS SECTION AND THE SUBSEQUENT COMPLETION OF SUCH CONVEYANCES TO THE STATE, AND EXCEPT AS PROVIDED IN PARAGRAPH B OF SUBDIVISION TWO OF THIS SECTION AND SECTION 9-1909 OF THIS TITLE, THE STATE SHALL BE ESTOPPED FROM ASSERTING ANY CLAIM OFS. 7659 8
TITLE TO THE DISPUTED PARCELS BASED UPON A. FACTS OR ACTIONS THAT OCCURRED PRIOR TO THE EFFECTIVE DATE OF THIS TITLE, AND B. DEEDS, TAX SALES OR OTHER DOCUMENTS THAT PREDATE THE EFFECTIVE DATE OF THIS TITLE. S 9-1909. ATTORNEY GENERAL TO FILE SUIT. THE ATTORNEY GENERAL, WITHIN TWENTY-FOUR MONTHS OF A PERSON'S FAILURE TO COMPLY WITH THE REQUIREMENTS OF SUBDIVISION TWO OF SECTION 9-1907 OF THIS TITLE WITH RESPECT TO A PARTICULAR DISPUTED PARCEL, OR WITHIN TWEN- TY-FOUR MONTHS OF A PERSON'S FILING OF A NOTICE OF NONPARTICIPATION PURSUANT TO PARAGRAPH B OF SUBDIVISION TWO OF SECTION 9-1907 OF THIS TITLE WITH RESPECT TO A PARTICULAR DISPUTED PARCEL, SHALL COMMENCE AN ACTION IN A COURT OF COMPETENT JURISDICTION PURSUANT TO THE REAL PROPER- TY ACTIONS AND PROCEEDINGS LAW TO DETERMINE TITLE TO SUCH PARCEL. NOTH- ING CONTAINED IN THIS TITLE SHALL BE APPLICABLE TO SUCH ACTION. FAILURE BY THE ATTORNEY GENERAL TO COMMENCE SUCH ACTION WITHIN SUCH TIME FRAME SHALL NOT SUBSEQUENTLY PREVENT THE ATTORNEY GENERAL FROM COMMENCING SUCH AN ACTION OR CREATE A PRESUMPTION AGAINST THE STATE'S CLAIM OF TITLE. S 9-1911. CONVEYANCES TO THE STATE. NOTHING IN THIS TITLE SHALL BE INTERPRETED AS AT ANY TIME PREVENTING ANY PERSON CLAIMING A DISPUTED PARCEL FROM OFFERING TO CONVEY ANY SUCH PARCEL OR INTEREST IN ANY SUCH PARCEL TO THE STATE, PROVIDED THE STATE MAY, SOLELY IN ITS DISCRETION, DECIDE WHETHER TO ACCEPT ANY SUCH OFFER. S 9-1913. ADIRONDACK PARK AGENCY JURISDICTION. NOTHING IN THIS TITLE SHALL BE INTERPRETED AS ALTERING OR AFFECTING THE REGULATORY JURISDICTION OF THE ADIRONDACK PARK AGENCY OVER ANY LAND LOCATED WITHIN TOWNSHIP FORTY. S 9-1915. NOTICE OF NONPARTICIPATION FORMAT. THE FORMAT FOR THE NOTARIZED NOTICE OF NONPARTICIPATION DESCRIBED IN PARAGRAPH B OF SUBDIVISION TWO OF SECTION 9-1907 OF THIS TITLE SHALL BE AS FOLLOWS: NOTICE OF NONPARTICIPATION TOWNSHIP FORTY, TOTTEN AND CROSSFIELD PURCHASE TOWN OF LONG LAKE, COUNTY OF HAMILTON NAME(S): MAILING ADDRESS(ES): TELEPHONE NUMBER(S): DESCRIPTION OF TOWNSHIP FORTY DISPUTED PARCEL: I (WE) ELECT TO NOT PARTICIPATE IN THE SPECIAL PROCEEDING TO RESOLVE TITLE ISSUES REGARDING THE ABOVE-REFERENCED PARCEL AS AUTHORIZED BY TITLE NINETEEN OF ARTICLE NINE OF THE ENVIRONMENTAL CONSERVATION LAW. I (WE) UNDERSTAND THAT: WITHIN TWENTY-FOUR MONTHS OF MY (OUR) FILING OF THIS NOTICE, THE ATTORNEY GENERAL SHALL COMMENCE AN ACTION IN A COURT OF COMPETENT JURISDICTION TO DETERMINE TITLE TO SUCH PARCEL; NOTHING IN TITLE NINETEEN OF ARTICLE NINE OF THE ENVIRONMENTAL CONSERVATION LAW SHALL BE APPLICABLE TO SUCH LITIGATION; AND FAILURE BY THE ATTORNEY GENERAL TO COMMENCE SUCH ACTION WITHIN SUCH TWENTY-FOUR MONTH TIME FRAME SHALL NOT SUBSEQUENTLY PREVENT THE ATTORNEY GENERAL FROM COMMENCING SUCH AN ACTION OR CREATE A PRESUMPTION AGAINST THE STATE'S CLAIM OF TITLE. SIGNATURE (NOTARIZATION) S 2. This act shall take effect on the same date and in the same manner as a "CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment to section 1 of article 14 of the constitution, in relation to disputed title in township 40, Totten and Crossfield Purchase, in the town of Long Lake, Hamilton county," takes effect in accordance with section 1 of article 19 of the constitution.