Authorizes the legislature to settle the land dispute between the state and private parties in township 40, Totten and Crossfield Purchase in Long Lake

Summary of provisions

Section 1 of this bill amends Article XIV, Section 1 of the Constitution to authorize the settlement, according to terms determined by the legislature, of title disputes in Township forty, in the Town of Long Lake, Hamilton county, to resolve competing claims of title between the state and private parties. Prior to the settlement, land purchased without the use of state appropriated funds shall be conveyed to the state for inclusion in the forest preserve within the Adirondack Park. The property to be conveyed would have to be determined by the Legislature to provide a net benefit to the forest preserve as compared to the township 40 lands subject to such settlement.

§2 of the bill provides that the act is effective upon second passage of an identically worded concurrent resolution and subsequent voter approval at a general election.

Justification

The goal of this resolution is to achieve first legislative passage of a concurrent resolution authorizing a vote in a general election on amending Article XIV, Section I of the Constitution to resolve, in an equitable manner, a 100 year dispute between the State of New York and private parties involving legal title to more than 200 parcels of land in Township Forty. Second passage could occur in the next legislative session in either 2013 or 2014. Voter approval of the constitutional amendment proposal would then be required.

Litigation over this matter has resulted in a mix of court decisions, with some favorable to the State and some favorable to the occupants. However, litigation over Township 40 title is extremely complex and time consuming because there are fifty intermingled chains of title in the Township and it is difficult to develop proof on what mayor may not have happened more than 100 years ago, prior to the State's acquisition of its chain of title. For instance, it cannot now be

established with any reasonable degree of certainty whether tax sales that occurred more than 100 years ago complied with applicable legal requirements, or whether a current occupant's distant predecessor in title may have acquired title through adverse possession against the State's distant predecessor in title 100 years ago.

To implement this resolution, a companion bill would need to be enacted establishing the process for resolving the competing claims of title. That proposal lists the parcels which are in dispute and provides that the State will relinquish its claim to those parcels once the Town of Long Lake (Town)applies payments from those claiming title to contested parcels towards the acquisition of land for inclusion in the Forest Preserve that provides a net benefit to the Forest Preserve when compared to the disputed parcels. This conveyance would be subject to legislative approval. The "replacement land" requirement would ensure that the overall integrity of the Forest Preserve is not diminished and in fact is enhanced. Currently, the public has no opportunity to recreate on the contested parcels because they are currently occupied by private camps, primary residences and private businesses.

Legislative history

In 2008, a concurrent resolution (A.11734 and S.8658-A) authorizing a constitutional amendment to be placed on the ballot to resolve Township 40 title disputes received first passage by the legislature but did not receive second passage. Legislation to implement such an amendment has not previously been introduced.

Fiscal implications

None.

Effective date

The amendment authorized by the concurrent resolution would not take effect until second passage of an identically worded concurrent resolution and subsequent voter approval at a general election.