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A10047 Summary:

BILL NOA10047
 
SAME ASSAME AS S07859
 
SPONSORThiele
 
COSPNSR
 
MLTSPNSR
 
 
Relates to interests or rights acquired in real property for the preservation of agricultural lands.
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A10047 Actions:

BILL NOA10047
 
03/08/2018referred to agriculture
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A10047 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A10047
 
SPONSOR: Thiele
  TITLE OF BILL: An act in relation to interests or rights acquired in real property for the preservation of agricultural lands   PURPOSE: To clarify and affirm the rights of farmers who participate in farmland preservation agreements pursuant section 247 of the general municipal law.   SUMMARY OF PROVISIONS: Section 1 states that rights or interests acquired pursuant to section 247 of the general municipal law do not, nor have not, alienated an owner's right to use the lands or construct buildings or structures for bona fide agricultural production. It also states that granting permits for uses, buildings or structures on the land necessary for such bona fide agricultural production shall not constitute alienation of any rights acquired. Section 2 provides that the act shall apply to all lands under section 242 of the general municipal law now or hereafter acquired. Section 3 provides an immediate effect date.   JUSTIFICATION: In 1960 and thereafter, the need and desire to preserve open lands and maintain farmland in New York State were critical issues that needed to be addressed. General municipal law 247 was first passed to allow muni- cipalities to preserve open space. The statute was then amended to include agricultural lands to the definition of open space. Suffolk County instituted the first farmland preservation program in the nation in 1974. Long Island alone has 35,000 acres in farmland preservation programs. In September of 2016 in the case of Long Island Pine Barrens Society. et al. v Suffolk Country Legislature et al. the State Supreme Court rendered a decision that so narrowly interpreted the extent of the statute's provisions that it threatens the viability of the program. This bill would clarify the original intent of the law: that farmers who have entered the program have retained the right to use their lands for bona fide agricultural production and are not to be limited to only those agricultural uses that were practiced at the time the conveyance.   LEGISLATIVE HISTORY: New bill.   FISCAL IMPLICATIONS: None   EFFECTIVE DATE: Immediately.
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A10047 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10047
 
                   IN ASSEMBLY
 
                                      March 8, 2018
                                       ___________
 
        Introduced by M. of A. THIELE -- read once and referred to the Committee
          on Agriculture
 
        AN  ACT in relation to interests or rights acquired in real property for
          the preservation of agricultural lands
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Notwithstanding any provision of law to the contrary, all
     2  interests or rights acquired in real property for  the  preservation  of
     3  agricultural  lands pursuant to section 247 of the general municipal law
     4  do not and have not constituted an alienation of the  owner's  right  to
     5  use the land or to construct buildings or structures for bona fide agri-
     6  cultural  production  and such acquisitions shall permit the use of such
     7  land for bona fide agricultural production pursuant to state  and  local
     8  law;  and  the granting of a permit for uses, buildings or structures on
     9  such real  property  that  are  necessary  for  bona  fide  agricultural
    10  production shall not constitute alienation of any interests or rights in
    11  real  property  acquired  for  the  preservation  of agricultural lands,
    12  pursuant to this section.
    13    § 2. This act shall apply to all interests or rights acquired in  real
    14  property by any municipality for the preservation of agricultural lands,
    15  pursuant to section 247 of the general municipal law, now-owned or here-
    16  after acquired.
    17    § 3. This act shall take effect immediately.
 
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14950-01-8
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