Amd §3-0305, En Con L; amd §3.17, Pks & Rec L; amd §63, Exec L
Authorizes the attorney general to approve certain state land acquisitions made for the purposes of land conservation, and to accept a title policy from a commercial insurer to cover any title defects that would otherwise render the title unmarketable.
STATE OF NEW YORK
________________________________________________________________________
4403
2025-2026 Regular Sessions
IN SENATE
February 4, 2025
___________
Introduced by Sen. MAY -- 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, the parks, recre-
ation and historic preservation law and the executive law, in relation
to authorizing the attorney general to approve certain state land
acquisitions made for the purposes of land conservation
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Legislative intent. The legislature hereby finds and
2 declares that in order to achieve our state's land protection goals as
3 promoted in the Climate Action Plan, the "30 by 30" land conservation
4 law (chapter 747 of the laws of 2022), and the financial commitment
5 within the 2022 Bond Act, additional measures are needed to accelerate
6 the process whereby the state acquires land. Specifically, the review
7 process by the attorney general's office can be streamlined by enabling
8 the use of title insurance. This will also relieve land trusts of the
9 financial burden of holding onto land, in trust, for years at a time.
10 Further, it will reduce the backlog of pending acquisitions that is
11 unnecessarily jeopardizing the solvency of many of these organizations.
12 § 2. Subdivision 1 of section 3-0305 of the environmental conservation
13 law, as added by chapter 727 of the laws of 1978, is amended to read as
14 follows:
15 1. The commissioner when moneys therefor have been appropriated by the
16 legislature or are otherwise available, may acquire any real property
17 which [he] such commissioner deems necessary for any of the purposes or
18 functions of the department, by purchase or as provided in the eminent
19 domain procedure law. Title to such real property shall be taken in the
20 name of and be vested in the people of the state of New York. No real
21 property shall be so acquired by purchase unless the title thereto is
22 approved by the attorney general. The attorney general may approve any
23 title where it has determined that the current owner can convey marketa-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08474-01-5
S. 4403 2
1 ble title to the real property. The attorney general may accept from any
2 reputable commercial insurer, a title policy naming the people of the
3 state of New York as insured, with such policy to cover any title
4 defects which would otherwise render the title unmarketable. The terms
5 "property" or "real property" as used in this section shall mean "real
6 property" as defined by section one hundred three of the eminent domain
7 procedure law.
8 § 3. Subdivision 1 of section 3.17 of the parks, recreation and
9 historic preservation law, as amended by chapter 727 of the laws of
10 1978, is amended to read as follows:
11 1. Notwithstanding any other provision of law, the commissioner may
12 acquire such property as may be necessary for the purposes and functions
13 of the office, within the amounts appropriated or available therefore.
14 Such property may be acquired pursuant to the provisions of the eminent
15 domain procedure law, or by purchase, lease, exchange, grant, condemna-
16 tion, gift, devise, bequest, or by any other lawful means. No real prop-
17 erty shall be so acquired unless the title thereto is approved by the
18 attorney general. The attorney general may approve any title where it
19 has determined that the current owner can convey marketable title to the
20 real property. The attorney general may accept from any reputable
21 commercial insurer, a title policy naming the people of the state of New
22 York as insured, with such policy to cover any title defects which would
23 otherwise render the title unmarketable. Notwithstanding the provisions
24 of section eleven of the state finance law, the commissioner may accept
25 a conditional grant, gift, devise or bequest with the approval of the
26 director of the budget. Title to real property which is acquired shall
27 be taken in the name of and be vested in the people of the state of New
28 York.
29 § 4. Section 63 of the executive law is amended by adding a new subdi-
30 vision 18 to read as follows:
31 18. Be authorized to approve land acquisitions made by the state for
32 conservation purposes, in accordance with the provisions of subdivision
33 one of section 3-0305 of the environmental conservation law and subdivi-
34 sion one of section 3.17 of the parks, recreation and historic preserva-
35 tion law.
36 § 5. This act shall take effect immediately.
