NY State Senate Bill 2015-S3810

Senate Bill S3810

2015-2016 Legislative Session

Relates to the enforcement by governing boards of municipal corporations of interests in real property acquired for the purposes of open space or open areas

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Archive: Last Bill Status - In Senate Committee Local Government 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to local government
Feb 17, 2015	referred to local government

2015-S3810 (ACTIVE) - Details

See Assembly Version of this Bill:: A5309
Current Committee:: Senate Local Government
Law Section:: General Municipal Law
Laws Affected:: Amd §247, Gen Muni L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S2981, A2338
2019-2020: S4353, A6482
2021-2022: S4024, A4216

2015-S3810 (ACTIVE) - Summary

Relates to the enforcement by governing boards of municipal corporations of interests in real property acquired for the purposes of open space or open areas.

2015-S3810 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S3810

TITLE OF BILL:  An act to amend the general municipal law, in relation
to the enforcement by governing boards of municipal corporations of
interests in real property acquired for the purposes of open space or
open areas

PURPOSE:

Relates to the enforcement by governing boards of municipal
corporations of interests in real property acquired for the purposes
of open space or open areas.

SUMMARY OF PROVISIONS:

Subdivision 4 of Section 247 of the General Municipal Law is amended
to provide that governing boards of municipal corporations may enforce
interests in real property acquired for the purposes of open space or
open areas.

JUSTIFICATION:

Section 247 of the State General Municipal Law grants municipalities
authority to institute programs to preserve agricultural lands. In
essence, the towns protect agricultural lands by purchasing
"development rights" from the landowner that prohibits the land from

being developed for residential purposes, while permitting the land to
continue to be used for agricultural purposes, as defined in Section
301 of the State Agriculture and Markets Law.  The towns either hold
such development rights or extinguish those rights. Fee title to land
remains in private ownership to be used for agriculture. However, such
programs to preserve agricultural lands do not actually require the
owner to farm the land. It may remain fallow.

Over the past 40 years, there have been dramatic changes in
agricultural practices and land values in New York State. Especially
on the East End of Long Island, there has been a substantial use of
land for luxury, second homes. As a result, agricultural lands, which
were preserved for the purpose of use in the agricultural industry,
are frequently being diverted for use as part of large estates where
such lands are lying fallow or are being used for personal use to
board horses, or other accessory uses that meet the definition of
agriculture, but are not commercial in nature.

As a result, agricultural lands are being diverted from the
agriculture industry. Exacerbating this trend, is the fact that land
values of protected agricultural lands as an accessory use for luxury
residential development have driven the value of protected farmland to
levels that make it unaffordable for farmers. As a result, one of the
original purposes of the farm preservation program, to make land
available for agriculture, is being thwarted.

This legislation would allow municipalities to have enforcement
authority to ensure that the land preserved for agricultural purposes
is used for agricultural purposes.

LEGISLATIVE HISTORY:


2015: New Legislation

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately.

2015-S3810 (ACTIVE) - Bill Text download pdf

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

    S. 3810                                                  A. 5309

                       2015-2016 Regular Sessions

                      S E N A T E - A S S E M B L Y

                            February 17, 2015
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Local Govern-
  ment

IN  ASSEMBLY  -- Introduced by M. of A. THIELE -- read once and referred
  to the Committee on Local Governments

AN ACT to amend the general municipal law, in relation to  the  enforce-
  ment  by  governing  boards  of municipal corporations of interests in
  real property acquired for the purposes of open space or open areas

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

  Section  1. Subdivision 4 of section 247 of the general municipal law,
as added by chapter 964 of the laws of  1977,  is  amended  to  read  as
follows:
  4.  For  purposes  of  this section, any interest acquired pursuant to
this section is hereby enforceable by and against the  original  parties
and  the  successors  in  interest,  heirs  and  assigns of the original
parties, AND ALSO MAY BE ENFORCED BY THE GOVERNING BOARD OF ANY  MUNICI-
PAL CORPORATION WITHIN WHICH THE LAND ENCUMBERED BY ANY SUCH INTEREST IS
LOCATED,  provided  that  a  record  of such acquisition is filed in the
manner provided by section two hundred ninety-one of the  real  property
law. Such enforceability shall not be defeated because of any subsequent
adverse possession, laches, estoppel, waiver, change in character of the
surrounding  neighborhood  or  any rule of common law. No general law of
the state which operates to defeat the enforcement of  any  interest  in
real property shall operate to defeat the enforcement of any acquisition
pursuant  to  this section, unless such general law expressly states the
intent to defeat the enforcement of any  acquisition  pursuant  to  this
section.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07116-01-5

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