Acquisition, Land Records, and Abandonment

Transcription

1 1 Acquisition, Land Records, and Abandonment Presented by Robert Morrell January XX, 2018

2 2 Acquisition, Land Records, and Abandonment We will discuss: 1. DEC statutory authority to acquire real property. 2. Land, Easements, and records under DEC jurisdiction 3. DEC Land Acquisition Process 4. DEC authority to appropriate or abandon land

3 3 Land Acquisition We will discuss: 1. DEC statutory authority to acquire real property. 2. Land, Easements, and records under DEC jurisdiction 3. DEC Land Acquisition Process 4. DEC authority to appropriate or abandon land

4 4 Land Acquisition statutory authority The Environmental Conservation Law authorized DEC to acquire real property under several statues: General functions, powers and duties of the department and the commissioner 2. To further assist in carrying out the policy of this state as provided in section of the chapter the department, by and through the commissioner, shall be authorized to: 2.1 Formulate and execute contracts, keep accounts, record personnel data, acquire real or personal property, including acquisition by condemnation, appropriation, gift grant, devise or bequest, adjust claims, compile statistics and engage in research opportunities; all according to the statutes or department orders and regulations in such cases made and provided.

5 5 Land Acquisition statutory authority The Environmental Conservation Law authorized DEC to acquire real property under several statues: Acquirement of real property by purchase or appropriation. 1. The commissioner when moneys therefor have been appropriated by the legislature or are otherwise available, may acquire any real property which he deems necessary for any of the purposes or functions of the department, by purchase or as provided in the eminent domain procedure law. Title to such real property shall be taken in the name of and be vested in the People of the State of New York. No real property shall be so acquired by purchase unless the title thereto is approved by the attorney general.

6 6 Land Acquisition statutory authority The Environmental Conservation Law authorized DEC to acquire real property under several statues: General powers and duties. For the purpose of carrying out the provisions of this article, the department shall have the power, duty and authority to: 2. Consistent with the provisions of section of this chapter, establish, acquire, control and manage state parks, historic sites and parkways in the forest preserve counties within the sixth park region as defined in section and to acquire lands for such purposes when moneys have been appropriated therefor.

7 7 Land Acquisition statutory authority The Environmental Conservation Law authorized DEC to acquire real property under several statues: General powers and duties. For the purpose of carrying out the provisions of this article, the department shall have the power, duty and authority to: 7. Acquire, when moneys therefor have been appropriated by the legislature or are otherwise available, real property or any interest in any timber thereon, situated within the Adirondack or the Catskill parks or contiguous, connected with or adjacent to either park, deemed necessary for the enlargement of the forest preserve or for the conservation of the lands, forests and waters within the state, and real property deemed necessary for the purpose of protecting the forests within the state from fire.

8 8 Land Acquisition statutory authority The Environmental Conservation Law authorized DEC to acquire real property under several statues: General powers and duties. For the purpose of carrying out the provisions of this article, the department shall have the power, duty and authority to: 7-a. Acquire, with the approval of the director of the budget and within such appropriations as may be made available therefor by the legislature, such abandoned railroad rights-of-way and other real property pursuant to subdivision seven of this section as may be necessary to develop a system of trails in the Adirondack and Catskill parks which shall mesh, where possible, with the comprehensive statewide trails system promulgated by the commissioner of parks and recreation; and promulgate, develop and improve such trails systems within said parks in order to make such trails suitable and available..

9 9 Land Acquisition statutory authority The Environmental Conservation Law authorized DEC to acquire real property under several statues: Acquisition of lands within the Adirondack or Catskill parks. 1. Unless deemed necessary for the conservation of critical and unique natural land areas or of significant wild forest land areas, the state shall not acquire or accept fee simple ownership of structures or improvements in the Adirondack or Catskill parks listed or eligible to be listed on the state register of historic places including that amount of land on which such structures or improvements are located that is necessary for their maintenance and use.

10 10 Land Acquisition statutory authority The Environmental Conservation Law authorized DEC to acquire real property under several statues: Acquisition of lands within the Adirondack or Catskill parks. 2. Prior to any land acquisition by a state agency within the Adirondack or Catskill parks, the commissioner or responsible chief executive officer proposing such acquisition shall undertake a review of such action pursuant to the state environmental quality review act as provided in article eight of this chapter and, when applicable, the New York state historic preservation act of 1980.

11 11 Land Acquisition statutory authority The Environmental Conservation Law authorized DEC to acquire real property under several statues: Acquisition of lands within the Adirondack or Catskill parks. 3. If such structures or improvements in the Adirondack or Catskill parks are offered to the state for purchase or as a gift, it shall be the responsibility of the state agency to which such offer is made, in accordance with guidelines prepared for notifying potential private purchasers, to search for a private purchaser or donee who would preserve such structures or improvements, if the present owner thereof consents.

12 12 Land Acquisition statutory authority The Environmental Conservation Law authorized DEC to acquire real property under several statues: What other uses do we acquired land for?

13 13 Land Acquisition statutory authority The Environmental Conservation Law authorized DEC to acquire real property under several statues: Power to acquire reforestation areas; prohibition against compensation or gratuity. 1. In order to provide for the acquisition of lands outside of the Adirondack park and the Catskill park as defined by subdivisions 1 and 2 of section , which are adapted for reforestation and the establishment and maintenance thereon of forests for watershed protection, the production of timber and other forest products, and for recreation and kindred purposes, the department may acquire in the name of the state, by gift, purchase or appropriation, reforestation areas which shall consist respectively of not less than five hundred acres of contiguous lands, which shall be forever devoted to the planting, growth and harvesting of such trees as shall be deemed by the commissioner best suited for the lands to be reforested..

14 14 Land Acquisition statutory authority The Environmental Conservation Law authorized DEC to acquire real property under several statues: Power to acquire reforestation areas; prohibition against compensation or gratuity. 2. No officer or any other person acting for the department in securing options for the purchase of lands acquired or to be acquired under provisions of this title 5 shall directly or indirectly receive or accept from a vendor of lands acquired or to be acquired by the state as herein provided any commission, compensation or gratuity, and no town or county officer shall receive any compensation for services rendered to the department in connection with such acquisition.

15 15 Land Acquisition statutory authority The Environmental Conservation Law authorized DEC to acquire real property under several statues: Acquisition and use of property. 1. The department shall have power to acquire by lease, purchase, gift, devise, agreement or otherwise from any sources, lands, waters or lands and waters, or any right or interest therein for the purpose of establishing and maintaining public hunting, trapping and fishing grounds. 2. a. The department shall have power to receive real and personal property by gift or devise from any person or from the United States Government and to accept such property in the name of the people of the state. Under this power any property of any nature or any rights therein may be received and accepted if the department deems it suitable for purposes of fish and wildlife management.

16 16 Land Acquisition statutory authority The Environmental Conservation Law authorized DEC to acquire real property under several statues: Acquisition and use of property. 3. The department may purchase the shooting and fishing rights on lands or waters outside the Adirondack and Catskill parks and establish game refuges thereon.

17 17 Land Acquisition statutory authority The Environmental Conservation Law authorized DEC to acquire real property under several statues: General jurisdiction. The department shall exercise its powers and perform its duties in any matter affecting the construction of improvements to or developments of water resources for the public health, safety or welfare, including but not limited to the supply of potable waters for the various municipalities and inhabitants thereof Eminent domain. The department may, in those situations which are specifically enumerated in this article and subject to whatever restrictions and limitations this article may impose, acquire real property pursuant to this article under an exercise of the right of eminent domain.

18 18 Land Acquisition statutory authority The Environmental Conservation Law authorized DEC to acquire real property under several statues: Eminent domain. Real property may be acquired pursuant to title 17 of this article under an exercise of the right of eminent domain in the following cases: 1. Real property which is necessary to the full development and utilization of any water power site of which the state is the owner, in whole or in part. 2. Real property which is necessary to the full development of water power sites where such water power sites on a stream, or in a given locality cannot be developed separately as efficiently and economically for the generation of power as under a plan for their development together and the owner or owners of the right to the use of the greater part of the head and volume of usable flow for power at such sites transfer the same to a corporation organized for the production, sale and distribution

19 19 Land Acquisition statutory authority The Environmental Conservation Law authorized DEC to acquire real property under several statues: Okay, so far acquire land for: Expansion of the Forest Preserve Reforestation Area Wildlife Management Areas What else?

20 20 Land Acquisition statutory authority The Environmental Conservation Law authorized DEC to acquire real property under several statues: Appropriation for flood control purposes. The legislature may appropriate from any money in the state treasury not otherwise appropriated for payment by the state for the costs of the state's participation in federal flood control projects and for engineering connected with these projects including personal services and expenses. The money appropriated shall be available for the cost of relocation and reconstruction of state highways, including structures; for channel improvements; for check dams; for quarries, gravel pits, spoil banks and burrow pits; for access roads; for camp sites; for relocation of buildings, structures and facilities; for relocation of the properties, structures, service lines and connections incident thereto of public service utilities, both publicly and privately owned; for relocation of railroad rightsof-way, facilities and structures; for rights of way and for other related purposes

21 21 Land Acquisition statutory authority The Environmental Conservation Law authorized DEC to acquire real property under several statues: Acquirement of property for flood control. 1. The commissioner of environmental conservation, for the people of the state of New York, shall acquire any property or interest therein, necessary for purposes connected with the flood control projects. Such property or interest therein shall be for rights-of-way, channel improvements, reservoirs, dams, quarries, gravel pits, borrow pits, spoil banks, camp sites, relocation of buildings and facilities, relocation of the facilities of public service utilities, relocation of streets, sidewalks, public grounds, parks, cemeteries, water supply systems, sewer systems and lighting systems of municipal corporations; relocation of county roads and town highways; and for other purposes connected with the flood control projects. The term "property" as used in this section

22 22 Land Acquisition statutory authority The Environmental Conservation Law authorized DEC to acquire real property under several statues: Acquisition, maintenance and operation of parks, state recreational and historic facilities and services. The department shall, within the sixth park region, consistent with section of this chapter, acquire, establish, maintain and operate parks, state recreational and historic facilities and services, and all the functions, powers, duties and obligations relating thereto, possessed by the department immediately preceding the effective date of this chapter, are hereby continued.

23 23 Land Acquisition statutory authority The Environmental Conservation Law authorized DEC to acquire real property under several statues: Acquisition and dedication of real property. State Nature And Historical Preserve Trust 1. For the purposes of this article, the department may, when authorized by an act of the legislature, and when funds are available therefor, acquire in the name of the people of the state of New York fee title or any lesser interest in real property by any method of acquisition, including, but not limited to, appropriation, condemnation, purchase, conditional or unconditional gift, bequest or devise, in accordance with any powers of the department to acquire real property.

24 24 Land Acquisition statutory authority The Environmental Conservation Law authorized DEC to acquire real property under several statues: Acquisition and dedication of real property. State Nature And Historical Preserve Trust 2. Only real property owned by the state or real property acquired under this article or sections , or , or articles fifty-four and fifty-six of this chapter, or real property dedicated to the Albany Pine Bush preserve pursuant to article fortysix of this chapter may be dedicated for the purposes of this article. Such dedication may be effected only by law.

25 25 Land Acquisition statutory authority The Environmental Conservation Law authorized DEC to acquire real property under several statues: So now we have: Expansion of the Forest Preserve Reforestation Area Wildlife Management Areas Flood Control State Nature and Historic Preserve Any more?

26 26 Land Acquisition statutory authority The Environmental Conservation Law authorized DEC to acquire real property under several statues: Conservation easements; certain common law rules not applicable. 1. A conservation easement may be created or conveyed only by an instrument which complies with the requirements of section of the general obligations law and which is subscribed by the grantee. It shall be of perpetual duration unless otherwise provided in such instrument.

27 27 Land Acquisition statutory authority The Environmental Conservation Law authorized DEC to acquire real property under several statues: Conservation easements; certain common law rules not applicable. 2. A conservation easement shall be modified or extinguished only pursuant to the provisions of section of this title. Any such modification or extinguishment shall be set forth in an instrument which complies with the requirements of section of the general obligations law or in an instrument filed in a manner prescribed for recording a conveyance of real property pursuant to section two hundred ninety-one of the real property law.

28 28 Land Acquisition statutory authority The Environmental Conservation Law authorized DEC to acquire real property under several statues: Conservation easements; certain common law rules not applicable. 3. (a) A conservation easement shall be held only by a public body or not-for-profit conservation organization, except that the state shall not be authorized or empowered to acquire or hold any conservation easement which is subject to the provisions of article fourteen of the constitution.

29 29 Land Acquisition statutory authority The Environmental Conservation Law authorized DEC to acquire real property under several statues: Article 71 - ENFORCEMENT

30 30 Land Acquisition statutory authority The Environmental Conservation Law authorized DEC to acquire real property under several statues: Declaration of policy and statement of purpose. The legislature hereby finds and declares that contaminated site remedial programs are an important and necessary component of the state's policy of restoring and revitalizing real property located throughout New York state. The legislature further finds that when an environmental remediation project leaves residual contamination at levels that have been determined to be safe for a specific use, but not all uses, or includes engineered structures that must be maintained or protected against damage to be effective, it is necessary to provide an effective and enforceable means of ensuring the performance of maintenance, monitoring

31 31 Land Acquisition statutory authority The Environmental Conservation Law authorized DEC to acquire real property under several statues: Environmental easements; certain common law rules not applicable. 1. An environmental easement shall be granted by the title owners of the relevant real estate only by an instrument, that complies with the requirements of section of the general obligations law.

32 32 Land Acquisition statutory authority The Environmental Conservation Law authorized DEC to acquire real property under several statues: Environmental easements; certain common law rules not applicable. 2. The title owners shall furnish to the department abstracts of title and other documents sufficient to enable the department to determine that the easements shall be enforceable. An environmental easement shall be in a form prescribed by the department. An environmental easement shall describe the property encumbered by the easement by adequate legal description or by reference to a recorded map showing its boundaries and bearing the seal and signature of a licensed land surveyor or, if the easement encumbers the entire property described in a deed of record, the easement may incorporate by reference the description in such deed, otherwise it shall refer to the liber and page of the deed or deeds of the record owner

33 33 Land Acquisition statutory authority The Environmental Conservation Law authorized DEC to acquire real property under several statues: Environmental easements; certain common law rules not applicable. 3. Until such time as the environmental easement is extinguished, the property deed and all subsequent instruments of conveyance relating to the subject property shall state in at least fifteen-point bold-faced type: "This property is subject to an environmental easement held by the New York state department of environmental conservation pursuant to title 36 of article 71 of the environmental conservation law."

34 34 Land Acquisition statutory authority The Environmental Conservation Law authorized DEC to acquire real property under several statues: Okay, we ll move on to some Policy:

35 35 Land Acquisition statutory authority The Environmental Conservation Law authorized DEC to acquire real property under several statues: State land acquisition policy. 1. The purpose of the land acquisition program of the department and the office is to provide for the conservation, protection, and preservation of open space, natural, historic and cultural resources and the enhancement of recreational opportunities. 2. The department and the office shall first consider in each acquisition whether acquisition of conservation easement or other less than full fee title interests would fulfill the purposes for which the particular acquisition is sought. If it is determined that a conservation easement or other interest would fulfill such purposes, the department or the office will use its best efforts to acquire such easement or interest, where practicable.

36 36 Land Acquisition statutory authority The Environmental Conservation Law authorized DEC to acquire real property under several statues: State land acquisition policy. 3. The department and the office shall consider future physical climate risk due to sea level rise, and/or storm surges and/or flooding, based on available data predicting the likelihood of future extreme weather events, including hazard risk analysis data if applicable.

37 37 Land Acquisition statutory authority The Environmental Conservation Law authorized DEC to acquire real property under several statues: State land acquisition policy. 4. It is the policy of the state, acting through the department and the office, to pursue acquisitions through voluntary agreement to the maximum extent practicable to achieve the purposes of this article. Accordingly, the process of eminent domain shall only be used when reasonable efforts to obtain a voluntary agreement have been exhausted...

38 38 Land Acquisition statutory authority The Environmental Conservation Law authorized DEC to acquire real property under several statues: Comprehensive inventory of lands having statewide or regional significance. 1. In order to help provide a basis for a strategy for the preservation of land resources in the state and the preparation of the state land acquisition plan, the department and the office shall prepare a comprehensive inventory of protected and unprotected resources having statewide or regional environmental, historic, cultural or recreational significance. Such Inventory shall include the following:

39 39 Land Acquisition statutory authority The Environmental Conservation Law authorized DEC to acquire real property under several statues: State land acquisition plan. 1. The department and the office shall prepare a state land acquisition plan to guide selection of projects for state acquisition taking into account regional advisory committee priorities and the department's and office's assessment of need for land acquisition projects. Such plan shall include an identification of:

40 40 Land Acquisition statutory authority The Environmental Conservation Law authorized DEC to acquire real property under several statues: Regional advisory committees. 1. There are hereby established regional advisory committees in each of the department's regions to provide the department and office with advice and recommendations from the public on the implementation of the land acquisition programs of the department and office and in order to provide the public with information regarding the activities of the department and office pursuant to this title. 2. The committees shall consist of at least 13 and no more than 23 members. comprising a mix of local government and Commissioner appointed members...all must be residents of that region for which they represent.

41 41 Land Acquisition statutory authority The Environmental Conservation Law authorized DEC to acquire real property under several statues: State land acquisition advisory council. SLAAC 1. The council shall consist of seven members: the commissioner of environmental conservation and the commissioner of parks, recreation and historic preservation, and the following officials or their designees: the governor, the majority leader of the senate, the speaker of the assembly, the minority leader of the senate and the minority leader of the assembly. The governor shall appoint the chair. Persons serving as a member of the council pursuant to designation shall serve at the pleasure of the designating authority, without compensation, but shall be entitled to receive reimbursement of reasonable expenses necessarily incurred in the performance of their duties pursuant to the provisions of this title.

42 42 Land Acquisition statutory authority The Environmental Conservation Law authorized DEC to acquire real property under several statues: State land acquisition advisory council. SLAAC 1. The council shall consist of seven members: - commissioner of environmental conservation - commissioner of parks, recreation and historic preservation, - governor, - majority leader of the senate, - speaker of the assembly, - minority leader of the senate and - minority leader of the assembly.

43 43 Land Acquisition statutory authority The Environmental Conservation Law authorized DEC to acquire real property under several statues: Article 54 - ENVIRONMENTAL PROTECTION ACT

44 44 Land Acquisition statutory authority The Environmental Conservation Law authorized DEC to acquire real property under several statues: Definitions. For purposes of this title, "open space land conservation projects" shall mean acquisition projects including the purchase of conservation easements undertaken by the commissioner and/or the commissioner of the office of parks, recreation and historic preservation listed in the state open space land acquisition plan prepared pursuant to title 2 of article 49 of this chapter.

45 45 Land Acquisition statutory authority The Environmental Conservation Law authorized DEC to acquire real property under several statues: Open space land conservation projects. 5. No project, which was not listed on the state land acquisition plan as of the effective date of this title, shall be proposed for acquisition by the state under this title, pursuant to the state land acquisition plan, if any town, village or city within which such a project is located, by resolution, within ninety days of notification by the state of its interest in acquiring such project, objects to such acquisition. Such objection shall be transmitted to the commissioner through the regional land acquisition advisory committee and shall prevent the state from undertaking such acquisition.

46 46 Acquisition, Land Records, and Abandonment We will discuss: 1. DEC statutory authority to acquire real property. 2. Land, Easements, and records under DEC jurisdiction 3. DEC Land Acquisition Process 4. DEC authority to appropriate or abandon land

47 47 Acquisition, Land Records, and Abandonment We will discuss: 1. DEC statutory authority to acquire real property. 2. Land, Easements, and records under DEC jurisdiction 3. DEC Land Acquisition Process 4. DEC authority to appropriate or abandon land

48 48 Land Acquisition Land categories and statistics DEC has jurisdiction over eight primary categories of land totaling almost 4,000,000 acres. Forest Preserve Conservation Easement Reforestation aka State Forest Wildlife Management Areas Education, Special use areas, other Public Fishing Rights Flood Protection Environmental Easements

49 49 Land Acquisition Land categories and statistics DEC has jurisdiction over eight primary categories of land totaling almost 4,000,000 acres. Forest Preserve 2,927,386 acres

50 Land Acquisition Land categories and statistics DEC has jurisdiction over eight primary categories of land totaling almost 4,000,000 acres. Forest Preserve - 2,927,386 acres This protected land lies within the Catskill and Adirondack Forest Preserve boundaries. These areas are protected under Article 14 of the NY Constitution Article 14 Section 1. The lands of the state, now owned or hereafter acquired, constituting the forest preserve as now fixed by law, shall be forever kept as wild forest lands. They shall not be leased, sold or exchanged, or be taken by any corporation, public or private, nor shall the timber thereon be sold, removed or destroyed. 50

51 Land Acquisition Land categories and statistics The people of NYS, under the jurisdiction of DEC have eight primary categories of land totaling almost 4,000,000 acres. Forest Preserve - 2,927,386 acres Counties that generally make up the Forest Preserve are defined not in the Constitution, but in the Environmental Conservation Law The "forest preserve" shall include the lands owned or hereafter acquired by the state within the county of Clinton, except the towns of Altona and Dannemora, and the counties of Delaware, Essex, Franklin, Fulton, Hamilton, Herkimer, Lewis, Oneida, Saratoga, Saint Lawrence, Warren, Washington, Greene, Ulster and Sullivan, except:.. 51

52 52 Adirondack Forest Preserve 12 Counties Clinton, Essex, Franklin, Fulton, Hamilton, Warren, Washington, Saratoga, Herkimer, Lewis, Oneida, St Lawrence

53 53 Catskill Forest Preserve 4 Counties Ulster, Greene, Sullivan, Delaware

54 54 State Forest Preserve 2,927,386 acres

55 Land Acquisition Land categories and statistics The people of NYS, under the jurisdiction of DEC have eight primary categories of land totaling almost 4,000,000 acres. Forest Preserve Conservation Easement Reforestation aka State Forest Wildlife Management Areas Education, Special use areas, other Public Fishing Rights Flood Protection Environmental Easements 55

56 Land Acquisition Land categories and statistics The people of NYS, under the jurisdiction of DEC have eight primary categories of land totaling almost 4,000,000 acres. Conservation Easements - 917,000 acres This protected land lies primarily within and around the Adirondack Park. Authority to acquire Conservation Easements is provide by: Environment Conservation Law, Article 49, Title 3 56

57 Land Acquisition Land categories and statistics The people of NYS, under the jurisdiction of DEC have eight primary categories of land totaling almost 4,000,000 acres. Conservation Easements - 917,000 acres These parcels remain privately owed. Some allow varying forms of public recreation, other do not. All conservation easements reduce the rights held by the fee owner to varying degrees. Some common rights sold by the fee owner are: right to subdivide Specific uses...ie, forestry, agriculture, 57

58 58 Conservation Easements Over 917,000 acres

59 Land Acquisition Land categories and statistics The people of NYS, under the jurisdiction of DEC have eight primary categories of land totaling almost 4,000,000 acres. Forest Preserve Conservation Easement Reforestation aka State Forest Wildlife Management Areas Education, Special use area, other Public Fishing Rights Flood Protection Environmental Easements 59

60 Land Acquisition Land categories and statistics The people of NYS, under the jurisdiction of DEC have eight primary categories of land totaling almost 4,000,000 acres. Reforestation aka State Forest 763,485 acres 60

61 61 State Reforestation Areas 763,485 acres

62 Land Acquisition Land categories and statistics The people of NYS, under the jurisdiction of DEC have eight primary categories of land totaling almost 4,000,000 acres. Reforestation aka State Forest 763,485 acres 62

63 Land Acquisition Land categories and statistics The people of NYS, under the jurisdiction of DEC have eight primary categories of land totaling almost 4,000,000 acres. Forest Preserve Conservation Easement Reforestation aka State Forest Wildlife Management Areas Education, Special use area, other Public Fishing Rights Flood Protection Environmental Easements 63

64 Land Acquisition Land categories and statistics The people of NYS, under the jurisdiction of DEC have eight primary categories of land totaling almost 4,000,000 acres. Wildlife Management Areas 200,922 acres This includes sub categories of: Wildlife Management Areas Fresh Water Wetlands Tidal Wetlands Fishing Access Waterway Access Shoreline Protection 64

65 65 Wildlife Management Areas 200,922 acres

66 Land Acquisition Land categories and statistics The people of NYS, under the jurisdiction of DEC have eight primary categories of land totaling almost 4,000,000 acres. Forest Preserve Conservation Easement Reforestation aka State Forest Wildlife Management Areas Education, Special use areas, other Public Fishing Rights Flood Protection Environmental Easements 66

67 Land Acquisition Land categories and statistics The people of NYS, under the jurisdiction of DEC have eight primary categories of land totaling almost 4,000,000 acres. Education, Special use and other 1,658 acres These include: Fish Hatcheries Game Farms Tree Nurseries Demonstration Forests Campground (outside the forest preserve) 67

68 Land Acquisition Land categories and statistics The people of NYS, under the jurisdiction of DEC have eight primary categories of land totaling almost 4,000,000 acres. Forest Preserve Conservation Easement Reforestation aka State Forest Wildlife Management Areas Education, Special use areas, other Public Fishing Rights Flood Protection Environmental Easements 68

69 69 Land Acquisition Land categories and statistics Public Fishing Rights Since 1935, more than 1,300 miles of public fishing rights (PFR) easements have been purchased on more than 400 streams across the state. These generally include easements 33 feet wide on one or both banks, and sometimes include a 8 foot wide foot path easement from a parking area or road. Owners are often unaware that their parcel is encumbered by these easements.

70 70 Land Acquisition Land categories and statistics Public Fishing Rights Maps like this can be viewed and printed at:

71 71 Public Fishing Rights 1,300 Miles on more than 400 streams and rivers.

72 Land Acquisition Land categories and statistics The people of NYS, under the jurisdiction of DEC have eight primary categories of land totaling almost 4,000,000 acres. Forest Preserve Conservation Easement Reforestation aka State Forest Wildlife Management Areas Education, Special use areas, other Public Fishing Rights Flood Protection Environmental Easements 72

73 Land Acquisition Land categories and statistics Flood Protection - the department manages over 100 separate projects containing 600 miles of flood protection boundaries, which include: Levees Drainage structures Closers Floodwalls Ice Control Structures Ponding Areas Pumping Stations 73

74 Land Acquisition Land categories and statistics Flood Protection 74 So when you see something like this:

75 Land Acquisition Land categories and statistics Flood Protection 75..or this

76 Land Acquisition Land categories and statistics Flood Protection 76..or this, there are flood control easements.

77 Land Acquisition Land categories and statistics The people of NYS, under the jurisdiction of DEC have eight primary categories of land totaling almost 4,000,000 acres. Forest Preserve Conservation Easement Reforestation aka State Forest Wildlife Management Areas Education, Special use areas, other Public Fishing Rights Flood Protection Environmental Easements 77

78 Land Acquisition Land categories and statistics The people of NYS, under the jurisdiction of DEC have eight primary categories of land totaling almost 4,000,000 acres. Environmental Easements The department manages over 4,600 environmental easements. To protect public health and the environment, environmental easements can be used to restrict the use of a property to specified categories (e.g., commercial, industrial) or to require the site management of engineering controls. A list of all easement is available at: 78

79 79 Land Acquisition We will discuss: 1. DEC statutory authority to acquire real property. 2. Land, Easements, and records under DEC jurisdiction 3. DEC Land Acquisition Process 4. DEC authority to appropriate or abandon land

80 80 Land Acquisition Maps and Records Land Records and Mapping

81 81 Land Acquisition Maps and Records Land Records Environmental Conservation Law Verplanck Colvin field books and note books

82 82 Land Acquisition Maps and Records Land Records Environmental Conservation Law General powers and duties. 11. Have custody of all abstracts of title, papers, contracts or memoranda relating thereto, except original deeds to the state, for any lands purchased or conveyed to the state for forest preserve purposes. The Bureau s policy is to retain Land Records for all acquisitions, not limited to Forest Preserve.

83 83 Land Acquisition Maps and Records Land Records Environmental Conservation Law General powers and duties. Are these records available to the public YES Are these records scanned Some are. It s a work in progress.

84 84 Land Acquisition Maps and Records Land Records Verplanck Colvin Survey Field Books and Note Books

85 85 Land Acquisition Maps and Records Land Records Verplanck Colvin Survey Field Books The department had over ### field books These have all been scanned by a consultant.and have been turned over to the State Library. Images will be available at the New York State Library in the future.

86 86 Land Acquisition Maps and Records Land Records Verplanck Colvin Note Books The department has over 137 Note books Receiving bids now to scan these records Will be available at the New York State Library in the future.

87 87 Land Acquisition Maps and Records DEC survey mapping The department has over 15,000 survey maps covering all categories of DEC land dating back to the late 1800 s. Consultant is currently scanning maps 1 through Development of a searchable database will follow.

88 88 Land Acquisition We will discuss: 1. DEC statutory authority to acquire real property. 2. Land, Easements, and records under DEC jurisdiction 3. DEC Land Acquisition Process 4. DEC authority to appropriate or abandon land

89 Land Acquisition Process 89

90 Land Acquisition Process 90

91 91 Land Acquisition Process Steps to Acquisition 1. A proposed project (or acquisition) must be rated to confirm it conforms to the New York State Open Space Conservation Plan The Open Space Plan is revised every four years. It is generally the product of the Department of Environmental Conservation and the Office of Parks, Recreation, and Historical Preservations, with input from other state departments, regional committees, local governments, sporting/hunting interests, and conservation organizations The Open Space Plan ultimately must be approved by the executive branch. 2. A project must receive approval through all levels of the department before it can move forward.

92 92 Land Acquisition Process Steps to Acquisition 3. Once a project has been fully approved, it then must receive funding approval from DEC executive level, DEC receives an annual spending plan from the Division of Budget once the State budget is approved by the legislature. Most DEC projects are funded through the Environmental Protection Fund or EPF. DEC also will apply for Federal Grants such as Pittman Roberson or Forest Legacy.

93 93 Land Acquisition Process Steps to Acquisition 4. With funding available, a project moves to the appraisal phase. If a project is estimated to be valued over $300,000 the Office of State Comptroller requires DEC to obtain two independent appraisals. At this time, DEC also requests Office of Attorney General to open a final and have an abstract of title prepared of the proposed project. This is where opportunities exist for private sector survey firms. DEC and OAG prefer to have a current boundary survey if time allows. DEC will send out Requests for Bids or RFB if the estimate cost is below $25,000. Contracts over $25,000 must be procured according the Section 136a of the State Finance Law. Under 136a, a prequalified firm is selected by a team of four Licensed Land Surveyors who independently rate proposals. A contract is then negotiated with the winning firm.

94 94 Land Acquisition Process Steps to Acquisition 4. With funding available, a project moves to the appraisal phase. DEC often relies on out third party land trusts to purchase and hold parcels on our behalf. These third parties routinely have a survey prepared for DEC of the proposed acquisition.

95 95 Land Acquisition Process Steps to Acquisition 5. The consultant appraisal(s) is(are) reviewed by a regional Real Estate Specialist (RES). This reviewer must visit the subject parcel and all comparable sales used in the appraisal. 6. This regional appraisal review is then sent to the Central Office where a desk review is performed by the department s chief appraiser. 7. With the Central Office review complete, a Real Property Declaration (RPD) is prepared and approved. 8. At this time, the regional Real Property supervisor can send an offer letter to the seller. DEC does not negotiate the purchase price of a parcel. We offer the RPD amount which reflects the department s determination of fair market value.

96 96 Land Acquisition Process Steps to Acquisition 9. If the offer is accepted, the regional Real Property supervisor prepares the Land Purchase Agreement. This is a contract templet provided and approved by the Office of Attorney General s Real Property Bureau. 10. This contract will be execute and notarized by the Seller and the NYSDEC. 11. The contract is then sent to the Office of Attorney General (OAG) for approval. 12. If the contract value is over $50,000, the contract requires Office of State Comptroller (OSC) approval as well.

97 97 Land Acquisition Process Steps to Acquisition 13. Once the contract is approved by OSC, the DEC Real Property Bureau notifies OAG, who then initiates the title review process. OAG and OSC do not regularly communicate regarding these land contracts. Each Department is an separately elected Office and each reviews the contract independent of the other. Additionally, the SNY rarely purchases title insurance. The State is self insured, and ONLY the Office of Attorney General s Real Property Bureau can certify title for DEC land acquisition. OAG s thorough title investigation is our title insurance.

98 98 Land Acquisition Process Steps to Acquisition 14. Once OAG, has reviewed title and disposed of all title objections, they will prepare the closing papers. 15. With the return of the executed closing papers, the OAG will provide DEC s Bureau of Real Property a voucher, that allows DEC to request the check from the OSC. 16. With notification that DEC has received the check, OAG will conduct the final continuation of title (final search) of the public record and if nothing is returned, they will record the deed. 17. OAG then instructs DEC to release the check to the seller.

99 99 Land Acquisition Process Steps to Acquisition 18. With the return of the recorded deed to DEC, the Office of Tax and Finance is notified of the acquisition. They annually certify to the OSC what taxes are to be paid.

100 100 Land Acquisition Maps and Records 1. DEC authority to appropriate or abandon land

101 101 Land Acquisition Maps and Records 1. DEC authority to abandon land. DEC within Forest Preserve Counties All land within the Forest Preserve counties of Clinton, Essex, Franklin, Fulton, Hamilton, Warren, Washington, Saratoga, Herkimer, Lewis, Oneida, St Lawrence, Ulster, Greene, Sullivan, Delaware, are protection by Article 14 of the state constitution. These lands can not be leased, sold, or exchanged, without a constitution amendment.

102 102 Land Acquisition Maps and Records 1. DEC authority to abandon land. DEC land outside of Forest Preserve Counties. Under Section 30-a of the Public Lands Law a. Abandonment of state real property. 1. Except as to lands under water, salt springs lands and abandoned canal lands, the head of any state agency having custody or jurisdiction over any state-owned lands may determine that such lands are no longer necessary or useful to the purposes of such agency, and he or she is hereby authorized to declare the same abandoned.

103 103 Land Acquisition Maps and Records 1. DEC authority to abandon land. DEC land outside of Forest Preserve Counties. Under Section 30-a of the Public Lands Law: DEC commissioner sends a request letter to the OGS commissioner requesting assistance in abandoning a parcel. With a survey map and description prepared by DEC, OGS prepares the Declaration of Abandonment which both commissioners will execute. With the declaration complete, OGS can surplus the parcel.

104 104 Land Acquisition Maps and Records 1. DEC authority to abandon land. DEC land outside of Forest Preserve Counties. Under Section 30-a of the Public Lands Law. Under Section 33(2)(b) - The commissioner of general services may sell and convey parcels of unappropriated state land which: (i) do not constitute legal building lots in the municipality in which they are located and (ii) have an appraised value of less than twenty thousand dollars each at a private sale to any owner of adjacent lands. Consideration for such sales shall be for a price not less than the appraised value and such additional terms and conditions as the commissioner may deem necessary

105 105 Land Acquisition Maps and Records 1. DEC authority to abandon land. DEC land outside of Forest Preserve Counties. Under Section 33(2)(b) of the Public Lands Law

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