Let Cities Sell Land for Farms

Section 1. Legislative intent and findings. The legislature finds that there exists in certain municipalities an excess of vacant property that is not needed for public use and such vacant properties present numerous problems for these municipalities including presenting the opportunity for criminal activity, deterring neighboring property owners from improving their properties and prospective purchasers and renters from locating into these areas, and serving as a location to dispose of unwanted items. Due, in part, to increasing population densities, the deterioration of infrastructure such as parks, and fiscal constraints, these municipalities have been challenged to offer residents opportunities to enhance the quality of their lives. Municipal residents also suffer from a shortage of fruits and vegetables due to the scarcity of full service supermarkets and farmer's markets within certain municipalities. The shortages of recreational opportunities and sources of fresh fruits and vegetables have contributed to increases in childhood obesity and other adverse health consequences for municipal residents. Authorization for municipalities to lease and sell vacant land to nonprofit entities to cultivate these lands can provide both recreational opportunities and a source of fresh, locally grown fruits and vegetables for local residents. The nonprofit cultivation of previously vacant land by nonprofit entities is a public purpose for which the long term lease and sale of these properties, and exemption from property taxation therefor, is warranted, even in those instances when produce is sold to further the mission of these nonprofit entities.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD04266-01-7

A. 3748 2

§ 2. The general municipal law is amended by adding a new section 96-c to read as follows:

§ 96-c. Sale or lease of municipally owned land for the cultivation and sale of fruits and vegetables. 1. Notwithstanding the provisions of any general, special or local law applicable to the sale or lease of real property by a municipality, vacant public land may be sold or leased for a consideration, which may be nominal, to a nonprofit organization to cultivate and sell fresh fruits and vegetables on or off the property. For purposes of this section, "vacant public land" shall mean any land owned by a municipality that is not in use for a public purpose, is otherwise unoccupied, idle or not being actively utilized for a period of at least six months.

2. Any deed, lease or instrument by which real property is conveyed or disposed of pursuant to this section shall contain provisions requiring the purchaser or lessee to use such property for purposes consistent with the cultivation and sale of fresh fruits and vegetables.

3. A municipality may establish a program in conjunction with the cooperative extension or county extension association for ready identification of accessible land resources in the municipality available for such use.

4. A municipal corporation may assist the development of such property by contributing, or providing at cost, from resources under the control of the municipality, upon agreement with the purchaser or lessee of such land as approved pursuant to the local finance law: initial site preparation, including top soil and grading; water systems; perimeter fencing; storage bins or sheds, and other necessary appurtenances or equipment.

5. A municipality shall disclose to a purchaser or lessor of property under this section that the municipality has not conducted any tests on the soil on the property and the municipality does not know the condition of the soil and makes no representations as to the composition of the soil. Nothing in this section shall be deemed to relieve a municipality from liability under title fourteen of article twenty-seven of the environmental conservation law.

§ 3. Section 420-a of the real property tax law is amended by adding a new subdivision 15 to read as follows:

15. Real property, sold pursuant to section ninety-six-c of the general municipal law, used for the cultivation and sale of fresh fruits and vegetables by a corporation or association shall be exempt from taxation, provided that the sale of such fruit and vegetables is related and incidental to the nonprofit purposes of the corporation or association and the net proceeds received by the corporation or association are used to further the nonprofit purposes of the corporation or association.

§ 4. This act shall take effect immediately.