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S4958Senate2011-2012 SessionSame asA5825

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

Sponsor Greg BallSD-40Affects Economy
Status
Stricken
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Agriculture

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Sponsors

Primary sponsor
Greg Ball

Senator · Senate District 40

Chair, Veterans, Homeland Security And Military Affairs

No co-sponsors yet.

History

  1. Recommit, enacting clause stricken
  2. Referred to agriculture
  3. Referred to agriculture

Companion bill

Full text

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

Sponsor's memo

BILL NUMBER:S4958

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 environmental 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 333c of the real property law to include notification by grantors to prospective purchasers of real property within five hundred feet of the boundary of an agricultural district of their proximity to farm operations and associated environmental impacts.

Justification

Increasingly, people are seeking to move to "the country", often near farm operations, making it more important than ever to notify prospective purchasers about the nature of farm operations, including the sights, smells, sounds, and dust that may impact property in close proximity to such operations.

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 state Department of Agriculture and Markets for additional information about farm operations conducted in agricultural districts.

This bill seeks to extend that notice to those prospective purchasers of property within five hundred feet of the boundary of an agricultural district, rather than limiting such notice to property directly or partially within such a district. This will further serve the intent of the current statutory language which is to increase awareness of those seeking to purchase real property that is near an agricultural district on the facts of farm operations and the state's right to farm policy.

In addition, there is precedence in New York state law for using five hundred feet as a measure. Chapter 658 of the laws of 2005, also a Rural Resources Commission bill, required that municipalities provide notice to their neighbors when undertaking certain planning and zoning actions within five hundred feet of a neighboring municipality.

Legislative history

2008: A.10169-A/S.7061-A 2009-10: A.7835 Assembly Agriculture/S.5428 Senate Agriculture

Fiscal implications

None.

Effective date

This act shall take effect immediately.

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