Bill Text: NY S07939 | 2017-2018 | General Assembly | Amended

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Bill Title: Relates to the additional parcel in township 40, in the town of Long Lake.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2018-06-18 - referred to environmental conservation [S07939 Detail]

Download: New_York-2017-S07939-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         7939--A
            Cal. No. 1266
                    IN SENATE
                                     March 12, 2018
                                       ___________
        Introduced  by  Sen. LITTLE -- (at request of the Department of Environ-
          mental Conservation) -- read  twice  and  ordered  printed,  and  when
          printed to be committed to the Committee on Environmental Conservation
          -- reported favorably from said committee, ordered to first and second
          report,  ordered to a third reading, passed by Senate and delivered to
          the Assembly, recalled, vote reconsidered, restored to third  reading,
          amended  and  ordered  reprinted,  retaining its place in the order of
          third reading
        AN ACT to amend the environmental conservation law, in relation  to  the
          additional parcel in township 40
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The environmental conservation law is amended by adding two
     2  new sections 9-1906 and 9-1908 to read as follows:
     3  § 9-1906. Additional disputed parcel.
     4    The following parcel of land, identified by the county's two  thousand
     5  twelve  assessment  rolls  and  the county's online mapping system as of
     6  October, two thousand twelve, and any subsequent conveyances  therefrom,
     7  constitutes  an  additional  disputed  parcel  that  is  subject  to the
     8  provisions of this title:
     9    52.006-2.2.110
    10    The disputed parcel identified in this section is not intended to be a
    11  legal description, but is intended to identify the  disputed  parcel  by
    12  tax lot number only.
    13  § 9-1908. Process for clearing title of additional disputed parcel.
    14    1.  On or before August first, two thousand eighteen a person claiming
    15  title to the additional disputed parcel identified in section 9-1906  of
    16  this title shall provide to the department, with copies to the office of
    17  the attorney general and the town, a notarized statement as set forth in
    18  section  9-1915  of  this  title which complies with the requirements of
    19  subdivision 2 of section 9-1907 of this title.
    20    2. Within sixty days of the  department's  receipt  of  the  statement
    21  required  by  subdivision  one  of  this section, the commissioner shall
    22  cause to be prepared an  accurate  survey  of  the  additional  disputed
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14344-02-8
        S. 7939--A                          2
     1  parcel, including the boundaries of any portion thereof which the person
     2  claiming  title  intends  to  convey  in  fee  to the state or convey by
     3  conservation easement to the town.
     4    3. Within thirty days of the town's receipt of the notarized statement
     5  required  by  subdivision  one  of this section, the town assessor shall
     6  provide to the department and any person claiming  title  to  the  addi-
     7  tional disputed parcel the assessed value of the parcel as determined in
     8  two  thousand  seventeen,  provided  that  if  the person claiming title
     9  decided pursuant to subdivision two of section 9-1907 of this  title  to
    10  convey  a  portion  of  the  parcel as a gift to the state in fee simple
    11  without reservations for inclusion in the forest preserve, or a  conser-
    12  vation easement to the town restricting development over all or a speci-
    13  fied  portion of the parcel, the town assessor shall provide the depart-
    14  ment and the person claiming title to  the  additional  disputed  parcel
    15  with  an  assessed value of that portion of the parcel to be retained by
    16  the person and an assessed value of such gift or easement.
    17    4. Within sixty days of receipt of  the  assessed  value,  the  person
    18  claiming  title to the additional disputed parcel shall pay the town the
    19  sum of: (a) a flat rate of two thousand dollars; and (b) an amount equal
    20  to the total assessed value of the parcel as of two thousand  seventeen,
    21  including structures and improvements situated thereon, as determined by
    22  the  town  assessor  pursuant to subdivision three of this section, less
    23  the assessed value of any portion of such parcel conveyed to  the  state
    24  in fee or any conservation easement conveyed to the town, divided by the
    25  total  two  thousand seventeen assessed value of all disputed parcels as
    26  listed in  section  9-1905  of  this  title,  including  structures  and
    27  improvements   situated  thereon  multiplied  by  two  hundred  thousand
    28  dollars.
    29    5. Within twenty days after the town's receipt of the payment require-
    30  ment by subdivision four of this section, the town shall make payment of
    31  such funds to the grantor who conveyed the property described by chapter
    32  two hundred thirty-one of the laws of two thousand sixteen  relating  to
    33  approving land transactions relating to implementation of the settlement
    34  of  property  disputes  in township 40, in the town of Long Lake, to the
    35  state.
    36    6. Within thirty days after the town's payment required by subdivision
    37  five of this section or within thirty days of any conveyance of any  fee
    38  lands  to  the state or conservation easements to the town, whichever is
    39  later, the commissioner shall record  in  the  Hamilton  county  clerk's
    40  office  the  survey  map  prepared  pursuant  to subdivision two of this
    41  section, showing the boundaries of the  additional  disputed  parcel  to
    42  which the state will be releasing and extinguishing its right, title and
    43  interest.  The  commissioner shall also cause legal descriptions of such
    44  boundaries to be prepared  from  the  map.  Upon  certification  by  the
    45  commissioner  that  the person claiming title to the additional disputed
    46  parcel has complied with all applicable terms  and  conditions  of  this
    47  title,  and  notwithstanding the provisions of the public lands law, the
    48  commissioner shall be authorized to release and  extinguish  all  right,
    49  title and interest of the state in the additional disputed parcel, with-
    50  out  reservation and exception. The legal descriptions shall be approved
    51  by the commissioner and incorporated into the release and extinguishment
    52  document. The commissioner shall send notice of the state's release  and
    53  extinguishment  of rights to the additional disputed parcel by letter to
    54  the person claiming title to such parcel, and upon  release  and  extin-
    55  guishment  of  rights,  the  state  shall be estopped from asserting any
    56  claim of title to the parcel  based  upon  (a)  facts  or  actions  that
        S. 7939--A                          3
     1  occurred  prior  to the effective date of this title, and (b) deeds, tax
     2  sales or other documents that predate the effective date of this  amend-
     3  ment.
     4    §  2. Severability clause.  If any clause, sentence, paragraph, subdi-
     5  vision, section or part of this act shall be adjudged by  any  court  of
     6  competent  jurisdiction  to  be invalid, such judgment shall not affect,
     7  impair, or invalidate the remainder thereof, but shall  be  confined  in
     8  its  operation  to the clause, sentence, paragraph, subdivision, section
     9  or part thereof directly involved in the controversy in which such judg-
    10  ment shall have been rendered. It is hereby declared to be the intent of
    11  the legislature that this act would  have  been  enacted  even  if  such
    12  invalid provisions had not been included herein.
    13    § 3. This act shall take effect immediately.