Assembly Bill A7113

2021-2022 Legislative Session

Requires abandoned property escheat to the Indian nation or tribe that historically occupied the land or to nearest nation or tribe; repealer

download bill text pdf

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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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2021-A7113 (ACTIVE) - Details

See Senate Version of this Bill:
S5318
Current Committee:
Assembly Ways And Means
Law Section:
Abandoned Property Law
Laws Affected:
Rpld §§204 & 215, amd Ab Prop L, generally
Versions Introduced in 2023-2024 Legislative Session:
A4852, S4332

2021-A7113 (ACTIVE) - Summary

Requires abandoned property escheat to the Indian nation or tribe that historically occupied the land or to the nearest nation or tribe; establishes such land shall be tribal land.

2021-A7113 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7113
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 22, 2021
                                ___________
 
 Introduced  by M. of A. RAMOS -- read once and referred to the Committee
   on Ways and Means
 
 AN ACT to amend the abandoned property law,  in  relation  to  requiring
   abandoned  property escheat to the Indian nation or tribe that histor-
   ically occupied the land or to nearest nation or tribe; and to  repeal
   certain provisions of such law relating thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 200 of the abandoned property  law  is  amended  to
 read as follows:
   § 200.  Escheated lands.  All lands the title of which shall fail from
 a  defect  of  heirs,  shall  revert, or escheat, to the [people] INDIAN
 NATION OR TRIBE WHO HISTORICALLY OCCUPIED THE PROPERTY  OR  IF  NO  SUCH
 TRIBE OR NATION CURRENTLY EXISTS, TO THE NEAREST EXTANT INDIAN NATION OR
 TRIBE.  SUCH LAND SHALL BE TRIBAL LAND UNDER THE LAWS OF THE STATE.
   §  2. Section 201 of the abandoned property law, as amended by chapter
 310 of the laws of 1962, is amended to read as follows:
   § 201. Action for recovery of property.  Whenever the attorney-general
 has good reason to believe that the title to, or right of possession of,
 any real property has vested in [the people  of  the  state]  AN  INDIAN
 NATION  OR  TRIBE  by  escheat whether from defect of heirs, alienage or
 otherwise, [or by conviction or outlawry  for  treason  as  provided  in
 section eight hundred nineteen of the code of criminal procedure,] he OR
 SHE may commence an action to recover the property.
   §  3. Section 202 of the abandoned property law, as amended by chapter
 314 of the laws of 1962, is amended to read as follows:
   § 202.  Parties to action.  There may be made parties to such  action,
 all persons who would have, might have or might claim to have any inter-
 est  in or lien upon the premises so escheated or forfeited, at the time
 of such escheat or forfeiture, and all persons  in  possession  of  such
 real  property.  Where the names of the defendants are unknown, they may
 be designated as "unknown defendants."  The provisions of law applicable
 to actions to recover real property shall apply to such actions,  except
 that  service  of  the summons shall not be deemed to be complete until,
              

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