Authorizes the legislature to settle the land dispute between the state and private parties in township 40, Totten and Crossfield Purchase in the town of Long Lake, county of Hamilton, such lands being in the state forest preserve (second passage).
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7684
SPONSOR: Sweeney (MS) TITLE OF BILL: CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
proposing an amendment to section 1 of article 14 of the constitution,
in relation to disputed title in township 40, Totten and Crossfield
Purchase, in the town of Long Lake, Hamilton county
PURPOSE OR GENERAL IDEA OF BILL: To authorize a measure to be put on
the ballot to resolve certain longstanding claims of title in the Town
of Long Lake.
SUMMARY OF SPECIFIC PROVISIONS: Section one of this bill amends Arti-
cle XIV of the Constitution to authorize the settlement of title
disputes in Township Forty, Totten and Crossfield purchase in the Town
of Long Lake, Hamilton County, provided that the Legislature determine
the terms of such settlement. in addition, prior to, and as a condition
of such settlement, the Legislature must approve land, purchased without
the use of state-appropriated funds, suitable for incorporation in the
Adirondack Park forest preserve and providing a net benefit to the
forest preserve as compared to the lands subject to the settlement,
JUSTIFICATION: The goal of this resolution is to authorize a vote in
the 2013 general election to resolve a longstanding dispute between the
State and private parties involving legal title to more than 200 parcels
of land in Township Forty. To implement this constitutional resolution,
a companion bill(s) would need to be enacted establishing the process
for resolving the competing claims of title and containing the
description of the property to be conveyed to the Forest Preserve.
PRIOR LEGISLATIVE HISTORY: 2012: A.10642 - first passage of the
proposed constitutional amendment,
In 2008, a concurrent resolution (A.11734/ S.8658-A) authorizing a
constitutional amendment to be placed on the ballot to resolve Township
40 title disputes received first passage by the Legislature but did not
receive second passage.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.
EFFECTIVE DATE: Resolved (if the Assembly concur), that the foregoing
amendment be submitted to the people for approval at the general.
STATE OF NEW YORK
________________________________________________________________________
7684
2013-2014 Regular Sessions
IN ASSEMBLY
May 30, 2013
___________
Introduced by M. of A. SWEENEY, BUTLER, STEC, DUPREY, MAGNARELLI -- read
once and referred to the Committee on Environmental Conservation
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
proposing an amendment to section 1 of article 14 of the constitution,
in relation to disputed title in township 40, Totten and Crossfield
Purchase, in the town of Long Lake, Hamilton county
1 Section 1. Resolved (if the Senate concur), That section 1 of article
2 14 of the constitution be amended to read as follows:
3 Section 1. The lands of the state, now owned or hereafter acquired,
4 constituting the forest preserve as now fixed by law, shall be forever
5 kept as wild forest lands. They shall not be leased, sold or exchanged,
6 or be taken by any corporation, public or private, nor shall the timber
7 thereon be sold, removed or destroyed. Nothing herein contained shall
8 prevent the state from constructing, completing and maintaining any
9 highway heretofore specifically authorized by constitutional amendment,
10 nor from constructing and maintaining to federal standards federal aid
11 interstate highway route five hundred two from a point in the vicinity
12 of the city of Glens Falls, thence northerly to the vicinity of the
13 villages of Lake George and Warrensburg, the hamlets of South Horicon
14 and Pottersville and thence northerly in a generally straight line on
15 the west side of Schroon Lake to the vicinity of the hamlet of Schroon,
16 then continuing northerly to the vicinity of Schroon Falls, Schroon
17 River and North Hudson, and to the east of Makomis Mountain, east of the
18 hamlet of New Russia, east of the village of Elizabethtown and continu-
19 ing northerly in the vicinity of the hamlet of Towers Forge, and east of
20 Poke-O-Moonshine Mountain and continuing northerly to the vicinity of
21 the village of Keeseville and the city of Plattsburgh, all of the afore-
22 said taking not to exceed a total of three hundred acres of state forest
23 preserve land, nor from constructing and maintaining not more than twen-
24 ty-five miles of ski trails thirty to two hundred feet wide, together
25 with appurtenances thereto, provided that no more than five miles of
26 such trails shall be in excess of one hundred twenty feet wide, on the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD89117-01-3
A. 7684 2
1 north, east and northwest slopes of Whiteface Mountain in Essex county,
2 nor from constructing and maintaining not more than twenty-five miles of
3 ski trails thirty to two hundred feet wide, together with appurtenances
4 thereto, provided that no more than two miles of such trails shall be in
5 excess of one hundred twenty feet wide, on the slopes of Belleayre Moun-
6 tain in Ulster and Delaware counties and not more than forty miles of
7 ski trails thirty to two hundred feet wide, together with appurtenances
8 thereto, provided that no more than eight miles of such trails shall be
9 in excess of one hundred twenty feet wide, on the slopes of Gore and
10 Pete Gay mountains in Warren county, nor from relocating, reconstructing
11 and maintaining a total of not more than fifty miles of existing state
12 highways for the purpose of eliminating the hazards of dangerous curves
13 and grades, provided a total of no more than four hundred acres of
14 forest preserve land shall be used for such purpose and that no single
15 relocated portion of any highway shall exceed one mile in length.
16 Notwithstanding the foregoing provisions, the state may convey to the
17 village of Saranac Lake ten acres of forest preserve land adjacent to
18 the boundaries of such village for public use in providing for refuse
19 disposal and in exchange therefore the village of Saranac Lake shall
20 convey to the state thirty acres of certain true forest land owned by
21 such village on Roaring Brook in the northern half of Lot 113, Township
22 11, Richards Survey. Notwithstanding the foregoing provisions, the state
23 may convey to the town of Arietta twenty-eight acres of forest preserve
24 land within such town for public use in providing for the extension of
25 the runway and landing strip of the Piseco airport and in exchange
26 therefor the town of Arietta shall convey to the state thirty acres of
27 certain land owned by such town in the town of Arietta. Notwithstanding
28 the foregoing provisions and subject to legislative approval of the
29 tracts to be exchanged prior to the actual transfer of title, the state,
30 in order to consolidate its land holdings for better management, may
31 convey to International Paper Company approximately eight thousand five
32 hundred acres of forest preserve land located in townships two and three
33 of Totten and [Crossfield's] Crossfield Purchase and township nine of
34 the Moose River Tract, Hamilton county, and in exchange therefore Inter-
35 national Paper Company shall convey to the state for incorporation into
36 the forest preserve approximately the same number of acres of land
37 located within such townships and such County on condition that the
38 legislature shall determine that the lands to be received by the state
39 are at least equal in value to the lands to be conveyed by the state.
40 Notwithstanding the foregoing provisions and subject to legislative
41 approval of the tracts to be exchanged prior to the actual transfer of
42 title and the conditions herein set forth, the state, in order to facil-
43 itate the preservation of historic buildings listed on the national
44 register of historic places by rejoining an historic grouping of build-
45 ings under unitary ownership and stewardship, may convey to Sagamore
46 Institute Inc., a not-for-profit educational organization, approximately
47 ten acres of land and buildings thereon adjoining the real property of
48 the Sagamore Institute, Inc. and located on Sagamore Road, near Raquette
49 Lake Village, in the Town of Long Lake, county of Hamilton, and in
50 exchange therefor; Sagamore Institute, Inc. shall convey to the state
51 for incorporation into the forest preserve approximately two hundred
52 acres of wild forest land located within the Adirondack Park on condi-
53 tion that the legislature shall determine that the lands to be received
54 by the state are at least equal in value to the lands and buildings to
55 be conveyed by the state and that the natural and historic character of
56 the lands and buildings conveyed by the state will be secured by appro-
A. 7684 3
1 priate covenants and restrictions and that the lands and buildings
2 conveyed by the state will reasonably be available for public visits
3 according to agreement between Sagamore Institute, Inc. and the state.
4 Notwithstanding the foregoing provisions the state may convey to the
5 town of Arietta fifty acres of forest preserve land within such town for
6 public use in providing for the extension of the runway and landing
7 strip of the Piseco airport and providing for the maintenance of a clear
8 zone around such runway, and in exchange therefor, the town of Arietta
9 shall convey to the state fifty-three acres of true forest land located
10 in lot 2 township 2 Totten and Crossfield's Purchase in the town of Lake
11 Pleasant.
12 Notwithstanding the foregoing provisions and subject to legislative
13 approval prior to actual transfer of title, the state may convey to the
14 town of Keene, Essex county, for public use as a cemetery owned by such
15 town, approximately twelve acres of forest preserve land within such
16 town and, in exchange therefor, the town of Keene shall convey to the
17 state for incorporation into the forest preserve approximately one
18 hundred forty-four acres of land, together with an easement over land
19 owned by such town including the riverbed adjacent to the land to be
20 conveyed to the state that will restrict further development of such
21 land, on condition that the legislature shall determine that the proper-
22 ty to be received by the state is at least equal in value to the land to
23 be conveyed by the state.
24 Notwithstanding the foregoing provisions and subject to legislative
25 approval prior to actual transfer of title, because there is no viable
26 alternative to using forest preserve lands for the siting of drinking
27 water wells and necessary appurtenances and because such wells are
28 necessary to meet drinking water quality standards, the state may convey
29 to the town of Long Lake, Hamilton county, one acre of forest preserve
30 land within such town for public use as the site of such drinking water
31 wells and necessary appurtenances for the municipal water supply for the
32 hamlet of Raquette Lake. In exchange therefor, the town of Long Lake
33 shall convey to the state at least twelve acres of land located in
34 Hamilton county for incorporation into the forest preserve that the
35 legislature shall determine is at least equal in value to the land to be
36 conveyed by the state. The Raquette Lake surface reservoir shall be
37 abandoned as a drinking water supply source.
38 Notwithstanding the foregoing provisions and subject to legislative
39 approval prior to actual transfer of title, the state may convey to
40 National Grid up to six acres adjoining State Route 56 in St. Lawrence
41 County where it passes through Forest Preserve in Township 5, Lots 1, 2,
42 5 and 6 that is necessary and appropriate for National Grid to construct
43 a new 46kV power line and in exchange therefore National Grid shall
44 convey to the state for incorporation into the forest preserve at least
45 10 acres of forest land owned by National Grid in St. Lawrence county,
46 on condition that the legislature shall determine that the property to
47 be received by the state is at least equal in value to the land conveyed
48 by the state.
49 Notwithstanding the foregoing provisions, the legislature may author-
50 ize the settlement, according to terms determined by the legislature, of
51 title disputes in township forty, Totten and Crossfield purchase in the
52 town of Long Lake, Hamilton county, to resolve longstanding and compet-
53 ing claims of title between the state and private parties in said town-
54 ship, provided that prior to, and as a condition of such settlement,
55 land purchased without the use of state-appropriated funds, and suitable
56 for incorporation in the forest preserve within the Adirondack park,
A. 7684 4
1 shall be conveyed to the state on the condition that the legislature
2 shall determine that the property to be conveyed to the state shall
3 provide a net benefit to the forest preserve as compared to the township
4 forty lands subject to such settlement.
5 § 2. RESOLVED (if the Senate concur), That the foregoing amendment be
6 submitted to the people for approval at the general election to be held
7 in the year 2013 in accordance with the provisions of the election law.
