Bill Text: NY A02297 | 2009-2010 | General Assembly | Introduced
Bill Title: An act to amend the environmental conservation law, in relation to accountability and special disclosure in state authorized or assisted county, town or village acquisition of land for open space, environmental and/or historic preservation
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2010-01-06 - referred to environmental conservation [A02297 Detail]
Download: New_York-2009-A02297-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
2297
2009-2010 Regular Sessions
I N A S S E M B L Y
January 15, 2009
___________
Introduced by M. of A. ENGLEBRIGHT, SWEENEY, RAMOS, EDDINGTON, THIELE --
Multi-Sponsored by -- M. of A. COLTON -- read once and referred to the
Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
accountability and special disclosure in state authorized or assisted
county, town or village acquisition of land for open space, environ-
mental and/or historic preservation
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Legislative declaration. Through authorizations to tax,
2 incur debt, and appropriation of state funds for the purposes of open
3 space acquisition, the state has facilitated the ability of counties,
4 towns and villages to finance open space acquisition. The process of
5 open space acquisition is complex and susceptible to questions of fair-
6 ness and appropriateness in instances of particular public land acquisi-
7 tions. Therefore, the legislature declares its intention to provide in
8 this act for accountability and special disclosure for open space acqui-
9 sition transactions authorized or assisted by the state.
10 S 2. The environmental conservation law is amended by adding a new
11 section 49-0212 to read as follows:
12 S 49-0212. ACCOUNTABILITY AND SPECIAL DISCLOSURE IN COUNTY, TOWN OR
13 VILLAGE OPEN SPACE TRANSACTIONS.
14 1. THE COUNTY EXECUTIVE, TOWN SUPERVISOR, MAYOR OR CHIEF EXECUTIVE
15 OFFICER OF ANY COUNTY, TOWN OR VILLAGE WHICH PURCHASES AN INTEREST IN
16 LAND FOR OPEN SPACE, ENVIRONMENTAL AND/OR HISTORIC PRESERVATION PURPOSES
17 OR PARK PURPOSES SHALL SIGN A FINDING (HEREINAFTER REFERRED TO IN THIS
18 SECTION AS THE "FINDING") AS PROVIDED FOR IN THIS SECTION FOR EACH SUCH
19 TRANSACTION IN WHICH THE RESPECTIVE COUNTY, TOWN OR VILLAGE IS A PARTY.
20 SUCH FINDING SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING:
21 A. THAT THE LAND OR EASEMENT ACQUIRED IS SUITABLE FOR OPEN SPACE,
22 ENVIRONMENTAL AND/OR HISTORIC PRESERVATION PURPOSES AND CONSISTENT WITH
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05439-01-9
A. 2297 2
1 THE COUNTY'S, TOWN'S OR VILLAGE'S OPEN SPACE, ENVIRONMENTAL AND HISTORIC
2 PRESERVATION PRESERVATION POLICY AND PUBLIC NEED;
3 B. THAT THE LAND ACQUISITION PROCESS WAS COMPLETE AND FAIR INCLUDING
4 THE USE OF AN INDEPENDENT PROFESSIONAL APPRAISER IN DETERMINING THE
5 VALUE OF THE LAND OR EASEMENT, OR, WHERE AN INDEPENDENT PROFESSIONAL
6 APPRAISER WAS NOT USED, THE REASON THEREFOR;
7 C. THAT IN THE CASE OF A PURCHASE, WHERE THE PURCHASE PRICE EXCEEDS
8 THE APPRAISED VALUE AS DETERMINED BY THE APPRAISAL, WHY SUCH PURCHASE
9 PRICE IS IN THE PUBLIC INTEREST; AND
10 D. THAT ALL COUNTY, TOWN OR VILLAGE LAWS AND PROCEDURES REGARDING LAND
11 ACQUISITIONS HAVE BEEN FULLY FOLLOWED AND DOCUMENTED, INCLUDING A LOG OF
12 ALL CONVERSATIONS RELATING TO THE TRANSACTION AND ALL INFORMATION ON THE
13 COUNTY'S, TOWN'S OR VILLAGE'S ACQUISITION ARE AVAILABLE TO THE PUBLIC.
14 SUCH FINDING SHALL BE SIGNED AND FILED WITH THE APPROPRIATE COUNTY
15 CLERK, TOWN CLERK OR VILLAGE CLERK NOT LATER THAN SEVEN DAYS AFTER THE
16 ACQUISITION TRANSACTION SHALL HAVE BEEN DEEMED TO BE COMPLETE.
17 2. IN ADDITION TO THE OTHER PROVISIONS FOR MAINTENANCE AND AVAILABILI-
18 TY OF PUBLIC RECORDS AND UPON COMPLETION OF AN OPEN SPACE LAND OR EASE-
19 MENT TRANSACTION COVERED BY THE PROVISIONS OF THIS SECTION, A FILE WITH
20 ALL RECORDS AND INFORMATION RELATING TO THE TRANSACTION INCLUDING
21 APPRAISALS, NOTES, INTERNAL MEMORANDA AND ALL OTHER CORRESPONDENCE
22 RELATING THERETO SHALL BE READILY AVAILABLE FOR PUBLIC INSPECTION AT THE
23 APPROPRIATE COUNTY, TOWN OR VILLAGE CLERK'S OFFICE FOR NOT LESS THAN
24 NINETY DAYS FOLLOWING THE COMPLETION OF THE TRANSACTION.
25 3. THE APPROPRIATE COUNTY CLERK, TOWN CLERK OR VILLAGE CLERK SHALL
26 PUBLISH IN THE NEWSPAPER OF RECORD FOR THE RESPECTIVE COUNTY, TOWN OR
27 VILLAGE A NOTICE OF EACH ACQUISITION TRANSACTION WITHIN SEVEN DAYS OF
28 THE FILING OF THE FINDING. SUCH NOTICE SHALL STATE THAT INFORMATION AND
29 RECORDS ON SUCH TRANSACTION ARE AVAILABLE TO THE PUBLIC AT THE OFFICE OF
30 THE RESPECTIVE COUNTY CLERK, TOWN CLERK OR VILLAGE CLERK.
31 S 3. This act shall take effect on the thirtieth day after it shall
32 have become a law.
