NY State Senate Bill 2017-S2981A

Senate Bill S2981A

2017-2018 Legislative Session

Relates to the enforcement by the village of Sagaponack 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 12, 2018	print number 2981a
Jan 12, 2018	amend (t) and recommit to local government
Jan 03, 2018	referred to local government
Jan 18, 2017	referred to local government

Bill Amendments

Original

A (Active)

2017-S2981 - Details

See Assembly Version of this Bill:: A2338
Current Committee:: Senate Local Government
Law Section:: Suffolk County
Versions Introduced in Other Legislative Sessions:: 2015-2016: S3810, A5309
2019-2020: S4353, A6482
2021-2022: S4024, A4216

2017-S2981 - Summary

Relates to the enforcement by the village of Sagaponack of interests in real property acquired for the purposes of open space or open areas.

2017-S2981 - Sponsor Memo

                                 BILL NUMBER:  S2981

 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

 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 :

2015-16 S.3810/A.5309

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
Immediately.

2017-S2981 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 2981                                                  A. 2338
 
                        2017-2018 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                             January 18, 2017
                                ___________
 
 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.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04087-01-7

2017-S2981A (ACTIVE) - Details

See Assembly Version of this Bill:: A2338
Current Committee:: Senate Local Government
Law Section:: Suffolk County
Versions Introduced in Other Legislative Sessions:: 2015-2016: S3810, A5309
2019-2020: S4353, A6482
2021-2022: S4024, A4216

2017-S2981A (ACTIVE) - Summary

Relates to the enforcement by the village of Sagaponack of interests in real property acquired for the purposes of open space or open areas.

2017-S2981A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S2981A

SPONSOR: LAVALLE
 
TITLE OF BILL:

An act in relation to the enforcement by the village of Sagaponack of
interests in real property acquired for the purposes of open space or
open areas

 
PURPOSE:

Relates to the enforcement by the Village of Sagaponack of interests in
real property acquired for the purposes of open space or open areas.

 
SUMMARY OF PROVISIONS:

Allows the Village of Sagaponack in Suffolk County, to enforce through
its governing board, any interest acquired by a municipal corporation
within the incorporated village, pursuant to Section 247 of the General
Municipal Law relating to real property acquired for the purposes of
open space or open areas.

 
JUSTIFICATION:

Section 247 of the State General Municipal Law grants municipalities the
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 purposes.

This legislation would allow the Village of Sagaponack to enforce
through its governing board, any interest acquired by a municipal corpo-
ration within the incorporated village pursuant to Section 247 of the
General Municipal Law, notwithstanding the fact that the Village was not
an original party to the acquisition. A record of such acquisition must
be filed in the manner provided by Section 291 of the Real Property Law
relating to the recording of real property conveyances.

 
LEGISLATIVE HISTORY:

2017: S.2981/A.2338
2015-16 S.3810/A.5309

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately.

2017-S2981A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 2981--A                                            A. 2338--A
 
                        2017-2018 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                             January 18, 2017
                                ___________
 
 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 -- recommitted to the Committee on Local Government in accordance
   with  Senate  Rule  6,  sec.  8 -- committee discharged, bill amended,
   ordered reprinted as amended and recommitted to said committee
 
 IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once  and  referred
   to  the Committee on Local Governments -- recommitted to the Committee
   on Local Governments in accordance with Assembly Rule  3,  sec.  2  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 AN ACT in relation to the enforcement by the village  of  Sagaponack  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.  Notwithstanding any provision of law to the contrary, the
 village of Sagaponack in the county of Suffolk, may enforce through  its
 governing board, any interest acquired by a municipal corporation within
 the incorporated village, pursuant to section 247 of the general munici-
 pal  law,  notwithstanding the fact that the village was not an original
 party to the acquisition, provided that a record of such acquisition  is
 filed  in  the  manner provided by section 291 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.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD04087-02-7

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