Approves land transactions relating to implementation of the settlement of property disputes

Summary of provisions

Section 1 of this bill would set forth the objective and basis for the legislation, which is legislative approval of the settlement of land disputes in Township Forty in the Town of Long Lake, Hamilton County as authorized by an amendment to Section 1 of Article XIV of the State Constitution. This section would affirm that the land to be conveyed to the State, as directed by the legislation, provides a net benefit to the forest preserve compared to the lands for which the state will relinquish its claim and that all provisions and requirements of the Constitution and Title 19 of Article 9 of the Environmental Conservation Law relating to the exchange have been met.

Section 2 of this bill would authorize the Office of the Attorney General to release and extinguish all right, title and interest of the State to the land described in Section 5 of the bill.

Section 3 of this bill would require that the title and deed of the lands to be conveyed to the State be approved by the Attorney General.

Section 4 of this bill would describe the lands to be conveyed to the State, an approximately 295 acre parcel in the Towns of Arietta and Indian Lake in Hamilton County referred to as the Marion River Carry.

Section 5 of this bill would describe the land for which the State relinquishes its claim to title.

Section 6 of this bill would provide for an immediate effective date.

Justification

This legislation will implement the resolution of 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.

A Constitutional Amendment was ratified by the voters in 2013 which authorized the Legislature to settle the title disputes after many years and numerous lawsuits seeking to determine whether the State owned clear title to these parcels. Accompanying implementing legislation was adopted also in 2013 which set forth a dispute settlement process. That law identified all the parcels which are in dispute, required DEC to provide notice to all who claimed title to the contested parcels, and for such persons to notify the State whether or not they wanted to be part of the settlement. All persons elected to participate in the settlement. The settlement requires payment to the Town of Long Lake based on a formula set forth in ECL § 9-1704, the amount of which varied based on the assessed value of the person's disputed parcel. The legislation also allows an occupant to reduce his or her payment 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. Two participants are conveying property to the state, totaling approximately 136 acres. The Town of Long Lake received approximately $632,000.

The State's authority to relinquish its claim to those parcels is contingent upon the Town of Long Lake applying 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. The conveyance requires legislative approval. The "replacement land" requirement will ensure that the overall integrity of the Forest Preserve is not diminished and in fact would be enhanced.

The State has identified land which provides the net benefit to the Forest Preserve required by both the Constitution and the Environmental Conservation Law. Currently, the public has no opportunity to recreate on the contested parcels because they are occupied by private camps, primary residences and private businesses. A trail on a parcel known as the Marion River Carry, located in the Towns of Arietta and Long Lake, has been used as a canoe portage for more than a century for travel between Utowana and Raquette lakes around rapids in the Marion River. Located in the central Adirondack Park, near the town of Blue Mountain Lake, the property includes approximately 280 acres of forest lands, 3 acres of the Marion River and 14.5 acres of Utowana Lake frontage. The Marion River is a 4.5-mile river that connects Blue Mountain Lake to Raquette Lake via Utowana Lake and Eagle Lake. The Marion River is classified as a Scenic River. The Marion River Carry property will provide a significant expansion of public recreation opportunities.

Prior legislative history

This is a new bill.

Fiscal implications

None.

Effective date

This act shall take effect immediately.