Assembly Bill A5803

2013-2014 Legislative Session

Requires the commissioner of parks, recreation and historic preservation to acquire the mineral interests under all land acquired or received by him or her

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2013-A5803 (ACTIVE) - Details

See Senate Version of this Bill:
S917
Current Committee:
Assembly Environmental Conservation
Law Section:
Parks, Recreation and Historic Preservation Law
Laws Affected:
Amd ยง3.17, Pks & Rec L
Versions Introduced in Other Legislative Sessions:
2009-2010: A10642, S7892
2011-2012: A5676, S2748
2015-2016: A805, S1007
2017-2018: S3439
2019-2020: S2940
2021-2022: S1430
2023-2024: S1519

2013-A5803 (ACTIVE) - Summary

Requires the commissioner of parks, recreation and historic preservation to acquire the mineral interests under all land acquired or received by the state for the office of parks, recreation and historic preservation, unless the commissioner of parks, recreation and historic preservation finds that the land is of great significance and importance to the state.

2013-A5803 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5803

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              March 6, 2013
                               ___________

Introduced  by  M.  of  A.  ENGLEBRIGHT, COLTON, JACOBS, JAFFEE, TITONE,
  MILLMAN -- Multi-Sponsored by -- M. of  A.  GALEF,  GLICK,  GOTTFRIED,
  SWEENEY, THIELE -- read once and referred to the Committee on Environ-
  mental Conservation

AN  ACT to amend the parks, recreation and historic preservation law, in
  relation to requiring the office of  parks,  recreation  and  historic
  preservation  to  acquire all mineral rights to real property acquired
  by such office

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Subdivision 1 of section 3.17 of the parks, recreation and
historic preservation law, as amended by chapter  727  of  the  laws  of
1978, is amended to read as follows:
  1.  Notwithstanding  any  other provision of law, the commissioner may
acquire such property as may be necessary for the purposes and functions
of the office, within the amounts appropriated or  available  therefore.
Such  property may be acquired pursuant to the provisions of the eminent
domain procedure law, or by purchase, lease, exchange, grant,  condemna-
tion, gift, devise, bequest, or by any other lawful means. No real prop-
erty  shall  be  so acquired unless the title thereto is approved by the
attorney general.  PROVIDED, FURTHER, THAT NO  REAL  PROPERTY  SHALL  BE
ACQUIRED,  RECEIVED, HELD OR ADMINISTERED BY THE COMMISSIONER UNLESS THE
MINERAL RIGHTS ON AND UNDER SUCH LAND ARE ALSO ACQUIRED BY  THE  COMMIS-
SIONER  IN  THE  NAME  OF THE PEOPLE OF THE STATE OF NEW YORK; PROVIDED,
HOWEVER, THAT THE COMMISSIONER MAY ACQUIRE, RECEIVE, HOLD OR  ADMINISTER
REAL  PROPERTY  TO  WHICH  HE OR SHE HAS NOT ACQUIRED THE MINERAL RIGHTS
THERETO IN ANY CASE IN WHICH THE COMMISSIONER FINDS THAT SUCH REAL PROP-
ERTY IS OF GREAT SIGNIFICANCE AND IMPORTANCE TO THE STATE.  PRIOR TO THE
ACQUISITION, RECEIPT, HOLDING OR ADMINISTRATION OF REAL PROPERTY BY  THE
OFFICE  TO  WHICH  THE  COMMISSIONER HAS NOT ACQUIRED THE MINERAL RIGHTS
THERETO, THE COMMISSIONER SHALL ISSUE AN ANALYTICAL REPORT THAT PROVIDES

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00523-01-3
              

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