Implements the settlement of land disputes between the state and private parties with regard to parcels in township 40, Totten and Crossfield Purchase, Long Lake

Summary of provisions

Section 1 of this bill adds a new Title 19 to Article 9 of the Environ- mental Conservation Law (ECL), titled Township Forty Settlement Act.

ECL § 9-1901 states the legislative purpose and intent of the act.

ECL § 9-1903 sets forth the definitions in the Act.

ECL § 9-1905 sets forth the list of disputed parcels in Township 40.

ECL § 9-1907 sets forth the process for clearing title to disputed parcels. Occupants of contested parcels would be required to make payments to the Town of Long Lake (the Town), which would apply such payments towards the acquisition of land for conveyance to the State for inclusion in the Forest Preserve. Subject to legislative approval, the land provided to the State would be required to have a net benefit to the Forest Preserve when compared to the contested parcels. The formula for payments would include a flat fee of $2,000 plus the proportion of the value of their property compared to the value of all disputed parcels. Occupants would be permitted to convey land in fee to the state or an easement to the Town, the value of which would reduce the payment due for the contested parcel. The State will relinquish its claim to contested parcels upon the acquisition of such land from the Town.

ECL § 9-1909 directs the Office of the Attorney General to file suit under the Real Property Actions and Proceedings Law against any person who claims title to a disputed parcel but declines to participate in the process for clearing title set forth in ECL § 9-1707, or fails to make the conveyance of land agreed to or make the required payment.

ECL § 9-1911 clarifies that the Adirondack Park Agency retains regulato- ry jurisdiction over any land located within Township 40.

ECL § 9-1913 sets forth the form to be used by persons who claim title to disputed parcels who want to participate, or who decline to partic- ipate, in the process for clearing title set forth in ECL § 9-1707.

§ 2 of the bill provides that the act is effective upon passage of a constitutional amendment authorizing legislation to resolve contested title in Township 40.

Justification

The goal of this legislation is to resolve, in an equi- table 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. 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 may or 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.

The legislation 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 all payments received from those claiming title to contested parcels towards the acquisition of land by the State for inclusion in the Forest Preserve that provides a net benefit to the Forest Preserve when compared to the disputed parcels. This conveyance will be subject to legislative approval. The "replacement land" require- ment will ensure that the overall integrity of the Forest Preserve is not diminished and in fact would be enhanced. Currently, the public has no opportunity to recreate on the contested parcels because they are currently occupied by the private camps, primary residences and private businesses.

The Town will apply all payments received from the occupants to acquire the "replacement land." The amount an occupant would be required to pay the Town will vary depending upon the assessed value of the person's disputed parcel. The average payment per parcel will be approximately $2,900, and the total of such payments will be approximately $627,000.

Applying the formula set forth in ECL § 9-1704, the smallest required payment for a parcel will be approximately $2,007 and the largest payment will be approximately $7,900.

The legislation enables occupants to opt out of the settlement. Howev- er, since the goal of the legislation is to resolve each and every title dispute in Township 40, the legislation directs the Office of the Attor- ney General to commence litigation to determine the title to any "opted out" parcel within two years.

The legislation also allows an occupant to reduce his or her payment to the Town if they either convey a portion of the disputed parcel in fee to the State or convey a conservation easement over all or a part of the

disputed parcel to the Town, with a secondary right of enforcement in the State. This provision, coupled with existing Adirondack Park Agency jurisdiction over private lands in the Adirondack Park, should keep development along the shoreline of Raquette Lake within reasonable limits.

Legislative history

In 2012, this legislation (S. 7659) passed the Senate and a concurrent resolution (A.10642 and S.7660) authorizing a constitutional amendment to be placed on the ballot to resolve Township 40 title disputes received first passage by the legislature.

Fiscal implications

None

Effective date

This act shall take effect on the same date and in the same manner as a "CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment to section 1 of article 14 of the constitution, in relation to disputed title in township 40, Totten and Crossfield Purchase, in the town of Long Lake, Hamilton county," takes effect in accordance with section 1 of article 19 of the constitution.