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S05856 Summary:

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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S05856 Text:

                STATE OF NEW YORK
                               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.

        S. 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.
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