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S5428Senate2009-2010 SessionSame asA7835

Requires purchasers of real property within 500 feet of an agricultural district to be provided with disclosure of farming activities within such district

Sponsor Darrel J. AubertineSD-48+5 co-sponsorsAffects Economy
Status
In Senate Committee
Agriculture
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Agriculture

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History

  1. Referred to agriculture
  2. Committed to rules
  3. Advanced to third reading
  4. 2nd report cal.
  5. 1st report cal.382
  6. Reported and committed to finance
  7. Referred to agriculture

Companion bill

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

Title of bill

An act to amend the agriculture and markets law and the real property law, in relation to agricultural disclosure requirements for agricultural districts

Purpose

To notify prospective purchasers of real property that is in close proximity to farm operations conducted in an agricultural district about impacts of such operations and the State's right to farm policy.

Summary of provisions

The bill amends sections 308 and 310 of the agricultural and markets law, and sections 333 and 333-c of the real property law to include notification by grantors or sellers to prospective purchasers of real property within five hundred feet of the boundary of an agricultural district of their proximity to farm operations and potential impacts on neighbors.

Existing law

Current law requires notification to prospective buyers of real property partially or wholly within an agricultural district.

Justification

People moving to rural areas sometimes locate near farm operations. It is important to notify prospective purchasers about the existence of farm operations and their potential for impacts on neighbors.

Under current law, when a person seeks to purchase land "partially or wholly within an agricultural district", they are given advance notice (a disclosure notice) that some or all of the property lies within such a district and are urged to contact the NYS Department of Agriculture and Markets for additional information about farm operations conducted in agricultural districts.

This bill would extend that notice to prospective purchasers of property within 500 feet of the agricultural district boundary. There is precedence in New York State law for using 500 feet as a measure. Chapter 658 of the laws of2005, also a Rural Resources Commission bill, required that municipalities provide notice to their neighbors when undertaking certain planning and zoning actions within 500 feet of a neighboring municipality. Also, increasingly, agricultural districts are being broken up into smaller parcels. This may result in properties that were formerly within agricultural districts now being outside such boundaries and no longer subject to the existing law.

Grantors or sellers can access information about a property's distance from an agricultural district boundary from county offices. Every county in the State has the ability to determine a parcel's location in relation to an agricultural district. In addition, the NYS Department of Agriculture and Markets has computerized maps of every agricultural district. This bill requires Agriculture & Markets to assist counties in providing such information and maps that could be used to easily identify detailed information about the boundaries of agriculture districts. In many counties this information is available to the public via the county website. Such information would be sufficient to meet the standard in this bill that sellers are required to use only "readily available" information to determine if their property would be affected. LEGISLATIVE HISTORY :

2008: A.10169-A/S.7061-A

Fiscal implications

None.

Local fiscal implications

None.

Effective date

Immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.