|SAME AS||No Same As|
|Add §§9-1906 & 9-1908, En Con L|
|Relates to the additional parcel in township 40, in the town of Long Lake.|
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STATE OF NEW YORK ________________________________________________________________________ 5856 2019-2020 Regular Sessions IN SENATE May 15, 2019 ___________ Introduced by Sen. LITTLE -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation 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 nineteen 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 23 parcel, including the boundaries of any portion thereof which the person 24 claiming title intends to convey in fee to the state or convey by 25 conservation easement to the town. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11748-01-9S. 5856 2 1 3. Within thirty days of the town's receipt of the notarized statement 2 required by subdivision one of this section, the town assessor shall 3 provide to the department and any person claiming title to the addi- 4 tional disputed parcel the assessed value of the parcel as determined in 5 two thousand eighteen, provided that if the person claiming title 6 decided pursuant to subdivision two of section 9-1907 of this title to 7 convey a portion of the parcel as a gift to the state in fee simple 8 without reservations for inclusion in the forest preserve, or a conser- 9 vation easement to the town restricting development over all or a speci- 10 fied portion of the parcel, the town assessor shall provide the depart- 11 ment and the person claiming title to the additional disputed parcel 12 with an assessed value of that portion of the parcel to be retained by 13 the person and an assessed value of such gift or easement. 14 4. Within sixty days of receipt of the assessed value, the person 15 claiming title to the additional disputed parcel shall pay the town the 16 sum of: (a) a flat rate of two thousand dollars; and (b) an amount equal 17 to the total assessed value of the parcel as of two thousand eighteen, 18 including structures and improvements situated thereon, as determined by 19 the town assessor pursuant to subdivision three of this section, less 20 the assessed value of any portion of such parcel conveyed to the state 21 in fee or any conservation easement conveyed to the town, divided by the 22 total two thousand eighteen assessed value of all disputed parcels as 23 listed in section 9-1905 of this title, including structures and 24 improvements situated thereon multiplied by two hundred thousand 25 dollars. 26 5. Within twenty days after the town's receipt of the payment require- 27 ment by subdivision four of this section, the town shall make payment of 28 such funds to the grantor who conveyed the property described by chapter 29 two hundred thirty-one of the laws of two thousand sixteen relating to 30 approving land transactions relating to implementation of the settlement 31 of property disputes in township 40, in the town of Long Lake, to the 32 state. 33 6. Within thirty days after the town's payment required by subdivision 34 five of this section or within thirty days of any conveyance of any fee 35 lands to the state or conservation easements to the town, whichever is 36 later, the commissioner shall record in the Hamilton county clerk's 37 office the survey map prepared pursuant to subdivision two of this 38 section, showing the boundaries of the additional disputed parcel to 39 which the state will be releasing and extinguishing its right, title and 40 interest. The commissioner shall also cause legal descriptions of such 41 boundaries to be prepared from the map. Upon certification by the 42 commissioner that the person claiming title to the additional disputed 43 parcel has complied with all applicable terms and conditions of this 44 title, and notwithstanding the provisions of the public lands law, the 45 commissioner shall be authorized to release and extinguish all right, 46 title and interest of the state in the additional disputed parcel, with- 47 out reservation and exception. The legal descriptions shall be approved 48 by the commissioner and incorporated into the release and extinguishment 49 document. The commissioner shall send notice of the state's release and 50 extinguishment of rights to the additional disputed parcel by letter to 51 the person claiming title to such parcel, and upon release and extin- 52 guishment of rights, the state shall be estopped from asserting any 53 claim of title to the parcel based upon (a) facts or actions that 54 occurred prior to the effective date of this title, and (b) deeds, tax 55 sales or other documents that predate the effective date of this amend- 56 ment.S. 5856 3 1 § 2. Severability clause. If any clause, sentence, paragraph, subdi- 2 vision, section or part of this act shall be adjudged by any court of 3 competent jurisdiction to be invalid, such judgment shall not affect, 4 impair, or invalidate the remainder thereof, but shall be confined in 5 its operation to the clause, sentence, paragraph, subdivision, section 6 or part thereof directly involved in the controversy in which such judg- 7 ment shall have been rendered. It is hereby declared to be the intent of 8 the legislature that this act would have been enacted even if such 9 invalid provisions had not been included herein. 10 § 3. This act shall take effect on the thirtieth day after it shall 11 have become a law.