Prohibits the state from gaining any interest in forest land other than a conservation easement

BILL NUMBER:S1069

Title of bill

An act to amend the public lands law, in relation to limiting the interest the state may acquire in forest land to a conservation easement

Purpose

To prohibit the state from purchasing forest land in fee title and to only allow purchases by conservation easement.

Summary of provisions

Section one - amends subdivision one of section 27 of the public lands law, as added by chapter 513 of the laws of 1989 to provide that notwithstanding any other provision of law, when such real property is forest land, as defined in subdivision five of section 9-0 10 1 of the environmental conservation law, the state shall take no other interest n the property than a conservation easement. The conveyance of any other interest in forest land to the state shall be null and void.

Section two - contains the effective date.

Justification

Since 1995 New York State has acquired over a million acres of land that has been added to the forest preserve; This has included thousands of acres of forest land being removed from active timbering which has a significant impact on the economic stability of the communities located in the Adirondack Park. Article 14 of the Constitution states that the forest preserve shall be kept forever wild and such land shall not be leased, sold or exchanged. Conservation easements allow for much more flexibility in the use of the lands including the harvesting of timber, which North Country paper mills depend upon.

According to a report from the Northeast State Foresters Association, "each 1,000 acres of forestland in New York supports 2.6 forest-based manufacturing jobs with a payroll of $83,000 and 78 forest related recreation and tourism jobs with a payroll of $14,486. The annual contribution of forest-based manufacturing and forest-related recreation and tourism in the New York economy is over $9 billion."

In the 2009-2010 Executive Budget, there was a proposal to freeze the real property tax payments the state makes to local governments on forest preserve lands. Fortunately, the Legislature rejected this initiative which would have bad a devastating effect on communities within the Adirondack and Catskill Parks. In light of this proposal and the possibility of it being considered again, it would be prudent to end the practice of the state acquiring forest lands for inclusion into the forest preserve and only allow for the acquisition of this type of land through conservation easements.

Legislative history

S. 4787 of 2009-10; Referred to Investigations and Government Operations S. 1501 of 2011-12; Referred to Investigations and Government Operations

Fiscal implications

The State would save money by purchasing land using conservation easements instead of in fee title.

Effective date

This act shall take effect immediately and shall apply to conveyances occurring on or after such effective date.