N.Y. ENV Law § 71-3605 — New York Code / Act ENV / Article 71 / Title 36 / Section 71-3605
Environmental easements; certain common law rules not applicable
Status: in_force

§ 71-3605. Environmental easements; certain common law rules not\n             applicable.\n  1. An environmental easement shall be granted by the title owners of\nthe relevant real estate only by an instrument, that complies with the\nrequirements of section 5-703 of the general obligations law.\n  2. The title owners shall furnish to the department abstracts of title\nand other documents sufficient to enable the department to determine\nthat the easements shall be enforceable. An environmental easement shall\nbe in a form prescribed by the department. An environmental easement\nshall describe the property encumbered by the easement by adequate legal\ndescription or by reference to a recorded map showing its boundaries and\nbearing the seal and signature of a licensed land surveyor or, if the\neasement encumbers the entire property described in a deed of record,\nthe easement may incorporate by reference the description in such deed,\notherwise it shall refer to the liber and page of the deed or deeds of\nthe record owner or owners of the real property burdened by the\nenvironmental easement. An environmental easement shall:\n  (a) name the state, acting through the department, as grantee;\n  (b) contain a complete description of any use restrictions and/or\nengineering control to which the real property is subject;\n  (c) run with the land, binding the owner of the land and the owner's\nsuccessors and assigns;\n  (d) include an acknowledgment by the commissioner of acceptance of the\neasement by the department; and\n  (e) include an agreement to incorporate, either in full or by\nreference, the environmental easement in any leases, licenses, or other\ninstruments granting a right to use the property that may be affected by\nsuch easement.\n  3. Until such time as the environmental easement is extinguished, the\nproperty deed and all subsequent instruments of conveyance relating to\nthe subject property shall state in at least fifteen-point bold-faced\ntype: "This property is subject to an environmental easement held by the\nNew York state department of environmental conservation pursuant to\ntitle 36 of article 71 of the environmental conservation law."\n  4. An environmental easement granted pursuant to this title shall be\nenforceable in perpetuity. After the recording of the easement, each\ninstrument transferring an interest in the area affected by the easement\nshall include a specific reference to the recorded easement.\n  5. An environmental easement granted pursuant to this section may be\nextinguished or amended only by a release or amendment of the easement\nexecuted by the commissioner and filed with the office of the recording\nofficer for the county or counties where the land is situated in the\nmanner prescribed by article nine of the real property law.\n  6. For any person who intentionally violates an environmental easement\nthe department may revoke the certificate of completion provided by\nsection 27-1419 of this chapter as to the relevant real estate.\n  7. An environmental easement shall be held only by the state, except\nthat the state shall not be authorized or empowered to acquire or hold\nany environmental easement which is subject to the provisions of article\nfourteen of the constitution.\n  8. An environmental easement shall be duly recorded and indexed as\nsuch in the office of the recording officer for the county or counties\nwhere the land is situate in the manner prescribed by article nine of\nthe real property law. The property deed and all subsequent instruments\nof conveyance relating to the property encumbered by the easement shall\nreference, by book and page number, the environmental easement. Such\ndeed and instrument shall also specify that the eligible property is\nsubject to the restrictions contained in such easement. An instrument\nfor the purpose of creating, conveying, modifying, or terminating an\nenvironmental easement shall not be effective unless recorded.\n  9. The department shall include a copy of each environmental easement\nin the database created pursuant to section 27-1415 of this chapter and\nmake such database readily searchable.\n  10. An environmental easement may be enforced in law or equity by its\ngrantor, by the state, or any affected local government as defined in\nsection 71-3603 of this title. Such easement is enforceable against the\nowner of the burdened property, any lessees, and any person using the\nland. Enforcement shall not be defeated because of any subsequent\nadverse possession, laches, estoppel, reversion or waiver. No general\nlaw of the state which operates to defeat the enforcement of any\ninterest in real property shall operate to defeat the enforcement of any\nenvironmental easement unless such general law expressly states the\nintent to defeat the enforcement of such easement or provides for the\nexercise of the power of eminent domain. It is not a defense in any\naction to enforce an environmental easement that:\n  (a) it is not appurtenant to an interest in real property;\n  (b) it is not of a character that has been recognized traditionally at\ncommon law;\n  (c) it imposes a negative burden;\n  (d) it imposes affirmative obligations upon the owner of any interest\nin the burdened property;\n  (e) the benefit does not touch or concern real property;\n  (f) there is no privity of estate or of contract; or\n  (g) it imposes an unreasonable restraint on alienation.\n  11. Agents, employees, or other representatives of the state may enter\nand inspect the property burdened by an environmental easement in a\nreasonable manner and at reasonable times to assure compliance with the\nrestriction.\n  12. The department may promulgate regulations establishing standards\nand procedures for environmental easements.\n
N.Y. PBG Law § 439 — New York Code / Act PBG / Article 13 / Title 36 / Section 439
Mechanicville Housing Authority
Status: in_force

§ 439. Mechanicville Housing Authority.  A municipal housing\nauthority, to be known as the Mechanicville Housing Authority, is hereby\ncreated and established for the city of Mechanicville in the county of\nSaratoga for the accomplishment of any or all of the purposes specified\nin article eighteen of the constitution of the state of New York. It\nshall constitute a body corporate and politic and consist of five\nmembers. It shall have the powers and duties now or hereafter conferred\nby this chapter upon municipal housing authorities. It shall be\norganized in the manner prescribed by and subject to the provisions of\nthis chapter, and the authority, its members, officers and employees and\nits operations and activities shall in all respects be governed by the\nprovisions of this chapter. Such authority shall have perpetual\nduration; provided, however, that if at the expiration of five years\nsubsequent to the time this section as hereby added takes effect, there\nshall be outstanding no bonds or other obligations of such authority\ntheretofore issued for any of the purposes authorized in this chapter,\nthen its corporate existence shall thereupon terminate and such\nauthority shall thereupon be deemed to be and shall be dissolved.\n
N.Y. ENV Law § 71-3611 — New York Code / Act ENV / Article 71 / Title 36 / Section 71-3611
Severability
Status: in_force

§ 71-3611. Severability.\n  The provisions of this title shall be severable, and if any clause,\nsentence, paragraph, subdivision, or part of this title shall be\nadjudged by any court of competent jurisdiction to be invalid, such\njudgment shall not affect, impair or invalidate the remainder thereof,\nbut shall be confined in its operation to the clause, sentence,\nparagraph, subdivision, or part thereof directly involved in the\ncontroversy in which such judgment shall have been rendered; provided\nthat if an environmental easement created pursuant to this title is\ndetermined by any court of competent jurisdiction to be land or water or\nan interest in land or water subject to the provisions of article\nfourteen of the constitution, then the authority of the state to hold or\nacquire such easement and the conveyance to the state of such easement\nshall be void ab initio.\n
N.Y. ENV Law § 71-3603 — New York Code / Act ENV / Article 71 / Title 36 / Section 71-3603
Definitions
Status: in_force

§ 71-3603. Definitions.\n  When used in this title:\n  1. "Affected local government" shall mean every municipality in which\nland subject to an environmental easement is located.\n  2. "Environmental easement" shall mean an interest in real property,\ncreated under and subject to the provisions of this title which contains\na use restriction and/or a prohibition on the use of land in a manner\ninconsistent with engineering controls; provided that no such easement\nshall be acquired or held by the state which is subject to the\nprovisions of article fourteen of the constitution.\n
N.Y. ENV Law § 71-3609 — New York Code / Act ENV / Article 71 / Title 36 / Section 71-3609
Scope of this title
Status: in_force

§ 71-3609. Scope of this title.\n  This title shall not affect any interests or rights in real property\nwhich are not environmental easements, and shall not affect the rights\nof owners to convey any interests in real property which they could now\ncreate under existing law without reference to the terms of this title.\nNothing in this title shall diminish the powers granted by any other law\nto acquire interests or rights in real property by purchase, gift,\neminent domain, or otherwise and to use the same for public purposes.\n
N.Y. GMU Law § 605 — New York Code / Act GMU / Article 15-B / Title 36 / Section 605
Yonkers community development agency
Status: in_force

§ 605. Yonkers community development agency.  A municipal urban\nrenewal agency, to be known as the Yonkers community development agency,\nis hereby established for the accomplishment of any or all of the\npurposes specified in articles fifteen and fifteen-A of this chapter and\nin accordance with article eighteen of the constitution of the state of\nNew York. It shall constitute a body corporate and politic, be perpetual\nin duration and consist of seven members: the mayor of the city of\nYonkers who shall be its chairman, the city council president, the\nplanning director of the city, the corporation counsel of the city, the\ncity comptroller and two residents of the city who are neither city\nofficials nor city employees and who shall be appointed by the mayor\nwith the advice and consent of the city council. The two residents of\nthe city who are first appointed shall be designated to serve for terms\nof two and four years, respectively, from the date of their appointment.\nThereafter their term of office shall be four years. An appointed member\nshall continue to hold office until his successor is appointed and has\nqualified. The agency shall have the powers and duties now or hereafter\nconferred by article fifteen-A of this chapter upon municipal renewal\nagencies. It shall otherwise be organized in the manner prescribed by\nand be subject to the provisions of article fifteen-A of this chapter\nand the agency, its members, officers and employees and its operations\nand activities shall in all respects be governed by the provisions of\nsuch article.\n
N.Y. ENV Law § 71-3601 — New York Code / Act ENV / Article 71 / Title 36 / Section 71-3601
Declaration of policy and statement of purpose
Status: in_force

§ 71-3601. Declaration of policy and statement of purpose.\n  The legislature hereby finds and declares that contaminated site\nremedial programs are an important and necessary component of the\nstate's policy of restoring and revitalizing real property located\nthroughout New York state. The legislature further finds that when an\nenvironmental remediation project leaves residual contamination at\nlevels that have been determined to be safe for a specific use, but not\nall uses, or includes engineered structures that must be maintained or\nprotected against damage to be effective, it is necessary to provide an\neffective and enforceable means of ensuring the performance of\nmaintenance, monitoring or operation requirements, and of ensuring the\npotential restriction of future uses of the land, including restrictions\non drilling for or pumping groundwater for as long as any residual\ncontamination remains hazardous. The legislature declares, therefore,\nthat it is in the public interest to create environmental easements\nbecause such easements are necessary for the protection of human health\nand the environment and to achieve the requirements for remediation\nestablished at contaminated sites.\n
N.Y. ENV Law § 71-3607 — New York Code / Act ENV / Article 71 / Title 36 / Section 71-3607
Coordination with local governments
Status: in_force

§ 71-3607. Coordination with local governments.\n  1. Whenever the department is granted an environmental easement, it\nshall provide each affected local government with a copy of such\neasement and shall also provide a copy of any documents modifying or\nterminating such environmental easement.\n  2. Whenever an affected local government receives an application for a\nbuilding permit or any other application affecting land use or\ndevelopment of land that is subject to an environmental easement and\nthat may relate to or impact such easement, the affected local\ngovernment shall notify the department and refer such application to the\ndepartment. The department shall evaluate whether the application is\nconsistent with the environmental easement and shall notify the affected\nlocal government of its determination in a timely fashion, considering\nthe time frame for the local government's review of the application. The\naffected local government shall not approve the application until it\nreceives approval from the department.\n