NY State Senate Bill 2011-S4958

Senate Bill S4958

2011-2012 Legislative Session

Requires purchasers of real property within 500 feet of an agricultural district to be provided with disclosure of farming activities within such district

download bill text pdf

Archive: Last Bill Status - Stricken

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 14, 2012	recommit, enacting clause stricken
Jan 04, 2012	referred to agriculture
May 02, 2011	referred to agriculture

2011-S4958 (ACTIVE) - Details

See Assembly Version of this Bill:: A5825
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §§308 & 310, Ag & Mkts L; amd §§333 & 333-c, RP L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S5428, A7835
2013-2014: S3860, A1393
2015-2016: S6866, A1030
2017-2018: S1507

2011-S4958 (ACTIVE) - Summary

Requires purchasers of real property within 500 feet of the boundary of an agricultural district to be provided with disclosure of farming activities within such district.

2011-S4958 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4958

TITLE OF BILL:
An act
to amend the agriculture and markets law and the real property law, in
relation to agricultural disclosure requirements for
agricultural
districts

PURPOSE:
To notify prospective purchasers of real property that is in close
proximity to farm operations conducted in an agricultural district
about environmental impacts of such operations and the state's right
to farm policy.

SUMMARY OF PROVISIONS:
The bill amends sections 308 and 310 of the agricultural and markets
law, and sections 333 and 333c of the real property law to include
notification by grantors to prospective purchasers of real property
within five hundred feet of the boundary of an agricultural district
of their proximity to farm operations and associated environmental
impacts.

JUSTIFICATION:
Increasingly, people are seeking to move to "the country", often near
farm operations, making it more important than ever to notify

prospective purchasers about the nature of farm operations, including
the sights, smells, sounds, and dust that may impact property in
close proximity to such operations.

Under current law, when a person seeks to purchase land "partially or
wholly within an agricultural district", they are given advance
notice (a disclosure notice) that some or all of the property lies
within such a district and are urged to contact the NYS state
Department of Agriculture and Markets for additional information
about farm operations conducted in agricultural districts.

This bill seeks to extend that notice to those prospective purchasers
of property within five hundred feet of the boundary of an
agricultural district, rather than limiting such notice to property
directly or partially within such a district. This will further serve
the intent of the current statutory language which is to increase
awareness of those seeking to purchase real property that is near an
agricultural district on the facts of farm operations and the state's
right to farm policy.

In addition, there is precedence in New York state law for using five
hundred feet as a measure. Chapter 658 of the laws of 2005, also a
Rural Resources Commission bill, required that municipalities provide
notice to their neighbors when undertaking certain planning and
zoning actions within five hundred feet of a neighboring municipality.

LEGISLATIVE HISTORY:
2008:    A.10169-A/S.7061-A
2009-10: A.7835 Assembly Agriculture/S.5428 Senate Agriculture


FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

2011-S4958 (ACTIVE) - Bill Text download pdf

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

                                  4958

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 2, 2011
                               ___________

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

AN ACT to amend the agriculture and markets law and  the  real  property
  law,  in relation to agricultural disclosure requirements for agricul-
  tural districts

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

  Section 1. Subdivision 5 of section 308 of the agriculture and markets
law,  as added by chapter 248 of the laws of 2006, is amended to read as
follows:
  5. The commissioner shall develop and make  available  to  prospective
grantors and purchasers of ANY PARCEL OF real property located partially
or wholly within any agricultural district, OR PARTIALLY OR WHOLLY WITH-
IN  FIVE  HUNDRED  FEET  OF THE BOUNDARY OF AN AGRICULTURAL DISTRICT, in
this state and to the general public, practical information  related  to
the right to farm as set forth in this article including, but not limit-
ed  to  right  to  farm  disclosure requirements established pursuant to
section three hundred ten of this  article  and  section  three  hundred
thirty-three-c  of the real property law.  THE COMMISSIONER SHALL ASSIST
COUNTY GOVERNMENTS TO MAKE AVAILABLE  AND  ACCESSIBLE,  TO  THE  MAXIMUM
EXTENT  PRACTICABLE,  INFORMATION  INCLUDING  BUT NOT LIMITED TO MAPS OF
SUCH AGRICULTURAL DISTRICTS IN A MANNER THAT CAN BE USED TO ASSIST  SUCH
GRANTORS  AND PURCHASERS TO READILY IDENTIFY PROPERTIES THAT ARE SUBJECT
TO RIGHT TO FARM DISCLOSURE REQUIREMENTS ESTABLISHED PURSUANT TO SECTION
THREE  HUNDRED  TEN  OF  THIS  ARTICLE   AND   SECTION   THREE   HUNDRED
THIRTY-THREE-C  OF THE REAL PROPERTY LAW, PROVIDED, HOWEVER, THE COMMIS-
SIONER SHALL NOT BE RESPONSIBLE FOR VERIFYING INDIVIDUAL PARCELS.
  S 2. Subdivision 1 of section 310 of the agriculture and markets  law,
as  amended  by  chapter  248 of the laws of 2006, is amended to read as
follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09869-01-1

S. 4958                             2

  1. When any purchase and sale contract  is  presented  for  the  sale,
purchase,  or exchange of A PARCEL OF real property located partially or
wholly within an agricultural district, OR PARTIALLY  OR  WHOLLY  WITHIN
FIVE  HUNDRED  FEET  OF THE BOUNDARY OF AN AGRICULTURAL DISTRICT, estab-
lished pursuant to the provisions of this article, the prospective gran-
tor  shall  present to the prospective grantee a disclosure notice which
states the following:
  "It is the policy of  this  state  and  this  community  to  conserve,
protect  and  encourage  the development and improvement of agricultural
land for the production of food, and other products, and  also  for  its
natural  and  ecological  value.  This  disclosure  notice  is to inform
prospective residents that the property they are about to  acquire  lies
partially  or  wholly  within  an agricultural district, OR PARTIALLY OR
WHOLLY WITHIN FIVE HUNDRED FEET  OF  THE  BOUNDARY  OF  AN  AGRICULTURAL
DISTRICT,  and  that  farming activities occur within the district. Such
farming activities may include, but not be limited to,  activities  that
cause  noise,  dust  and  odors. Prospective residents are also informed
that the location of property within an agricultural district OR  WITHIN
FIVE HUNDRED FEET OF THE BOUNDARY OF AN AGRICULTURAL DISTRICT may impact
the  ability  to  access  water  and/or sewer services for such property
under certain  circumstances.    Prospective  purchasers  are  urged  to
contact  the  New  York  State  Department of Agriculture and Markets to
obtain additional information or clarification  regarding  their  rights
and obligations under article 25-AA of the Agriculture and Markets Law."
IN  DETERMINING  IF THE PARCEL OF REAL PROPERTY IN THE SALES CONTRACT IS
SUBJECT TO THE PROVISIONS OF THIS SUBDIVISION, SUCH  GRANTOR  OR  SELLER
SHALL ONLY BE REQUIRED TO USE INFORMATION THAT IS READILY AVAILABLE FROM
COUNTY GOVERNMENTS, INCLUDING BUT NOT LIMITED TO MAPS OF PARCELS OF REAL
PROPERTY  THAT  ARE PARTIALLY OR WHOLLY WITHIN AN AGRICULTURAL DISTRICT,
OR PARTIALLY OR WHOLLY WITHIN FIVE HUNDRED FEET OF THE  BOUNDARY  OF  AN
AGRICULTURAL DISTRICT.
  S  3. Subparagraph 5 of paragraph ii of subdivision 1-e of section 333
of the real property law, as amended by section 1 of part B  of  chapter
57 of the laws of 2004, is amended to read as follows:
  (5)  a  statement indicating whether the parcel is located in an agri-
cultural district OR WITHIN FIVE HUNDRED FEET  OF  THE  BOUNDARY  OF  AN
AGRICULTURAL  DISTRICT  and, if so, whether a disclosure notice has been
provided pursuant to section three hundred thirty-three-c of this  arti-
cle and section three hundred ten of the agriculture and markets law;
  S 4. Section 333-c of the real property law, as amended by chapter 411
of the laws of 1998, subdivision 1 as amended by chapter 248 of the laws
of 2006, is amended to read as follows:
  S  333-c.  Lands  in  agricultural  districts; disclosure. 1. When any
purchase and sales contract is presented  for  the  sale,  purchase,  or
exchange of A PARCEL OF real property located partially or wholly within
an  agricultural  district,  OR  PARTIALLY OR WHOLLY WITHIN FIVE HUNDRED
FEET OF THE BOUNDARY OF AN AGRICULTURAL DISTRICT,  established  pursuant
to  the  provisions  of  article  twenty-five-AA  of the agriculture and
markets law, the prospective grantor shall present  to  the  prospective
grantee a disclosure notice which states the following:
  "It  is  the  policy  of  this  state  and this community to conserve,
protect and encourage the development and  improvement  of  agricultural
land  for  the  production of food, and other products, and also for its
natural and ecological  value.  This  disclosure  notice  is  to  inform
prospective  residents  that the property they are about to acquire lies
partially or wholly within an  agricultural  district,  OR  WITHIN  FIVE

S. 4958                             3

HUNDRED FEET OF THE BOUNDARY OF AN AGRICULTURAL DISTRICT, and that farm-
ing  activities  occur  within the district. Such farming activities may
include, but not be limited to, activities that cause  noise,  dust  and
odors.  Prospective  residents  are  also  informed that the location of
property within an agricultural  district  may  impact  the  ability  to
access  water  and/or  sewer  services  for  such property under certain
circumstances.  Prospective purchasers are urged to contact the New York
State Department of Agriculture and Markets to obtain additional  infor-
mation  or  clarification  regarding  their rights and obligations under
article 25-AA of the Agriculture and Markets Law."
  2. IN DETERMINING IF THE PARCEL OF REAL PROPERTY IN THE SALES CONTRACT
IS SUBJECT TO THE PROVISIONS OF THIS SUBDIVISION, SUCH GRANTOR OR SELLER
SHALL ONLY BE REQUIRED TO USE INFORMATION THAT IS READILY AVAILABLE FROM
COUNTY GOVERNMENTS, INCLUDING BUT NOT LIMITED TO MAPS OF PARCELS OF REAL
PROPERTY THAT ARE PARTIALLY OR WHOLLY WITHIN AN  AGRICULTURAL  DISTRICT,
OR  PARTIALLY  OR  WHOLLY WITHIN FIVE HUNDRED FEET OF THE BOUNDARY OF AN
AGRICULTURAL DISTRICT.
  3. Such disclosure notice shall be signed by the  prospective  grantor
and grantee prior to the sale, purchase or exchange of such real proper-
ty.
  [3.] 4. Failure of the seller to provide such information to the buyer
shall not prevent the recording officer from filing such deed.
  S 5. This act shall take effect immediately.

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