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A07684 Text:



 
                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.
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