NY Env Conserv L § 49-0307 (2021)
2021 New York Laws ENV - Environmental Conservation Article 49 - Protection of Natural and Man-Made Beauty Title 3 - Conservation Easements 49-0307 - Procedures for Modifying or Extinguishing Conservation Easement.

§ 49-0307. Procedures   for   modifying  or  extinguishing  conservation              easement.   1. A conservation  easement  held  by  a  not-for-profit  conservation organization may only be modified or extinguished:  (a) as provided in the instrument creating the easement; or  (b)  in a proceeding pursuant to section nineteen hundred fifty-one of the real property actions and proceedings law; or  (c) upon the exercise of the power of eminent domain.   2.  A  conservation  easement  held  by  a  public  body  outside  the Adirondack  park  or Catskill park, as defined in section 9-0101 of this chapter, may only be modified or extinguished:  (a) as provided in the instrument creating the easement; or  (b) in a proceeding pursuant to section nineteen hundred fifty-one  of the real property actions and proceedings law; or  (c) upon the exercise of the power of eminent domain; or  (d)  where  land  subject to a conservation easement or an interest in such land is required for a major utility  transmission  facility  which has  received  a  certificate  of environmental compatibility and public need pursuant to article seven of the public service law or is  required for  a  major  steam  electric  generating facility which has received a certificate of environmental compatibility and public need  pursuant  to article  eight  of  the  public  service  law,  upon  the filing of such certificate in a manner prescribed for recording a  conveyance  of  real property pursuant to section two hundred ninety-one of the real property law or any other applicable provision of law.   3. A conservation easement held by a public body inside the Adirondack park or the Catskill park, as defined in section 9-0101 of this chapter, may be modified or extinguished:  (a) as provided in the instrument creating the easement; or  (b) upon the exercise of the power of eminent domain; or  (c)  unless  such  easement  is  held  by  the  state, in a proceeding pursuant to section nineteen hundred  fifty-one  of  the  real  property actions and proceedings law; or  (d)  where such easement is held by the state, upon a determination by the commissioner, after a non-adjudicatory public hearing, at which  the public  shall be given opportunity to be heard, that the easement can no longer substantially accomplish its original  purposes  or  any  of  the purposes  set forth in section 49-0301 of this title. Notice of any such hearing shall be given to the public pursuant to thirty  days  published notice in the state register, the environmental notice bulletin and in a newspaper  having  general  circulation  in  the  county  where the real property burdened by the easement  is  situated  and  individual  notice shall  be  given in writing to any person who may be entitled to enforce such easement pursuant to subdivision five of section  49-0305  of  this title  at  such address as such person shall file with the commissioner; or  (e) where land subject to a conservation easement or  an  interest  in such  land  is  required for a major utility transmission facility which has received a certificate of  environmental  compatibility  and  public need  pursuant to article seven of the public service law or is required for a major steam electric generating  facility  which  has  received  a certificate  of  environmental compatibility and public need pursuant to the former article eight of the public service law, or a major  electric generating   facility   or  repowering  project  which  has  received  a certificate of environmental compatibility and public need  pursuant  to article  ten  of  the  public  service  law,  upon  the  filing  of such certificate in a manner prescribed for recording a  conveyance  of  real property pursuant to section two hundred ninety-one of the real property  law  or  any  other  applicable  provision  of  law,  provided that such certificate  contains  a  finding  that  the  public  interest  in   the conservation  and  protection  of the natural resources, open spaces and scenic beauty of the Adirondack or Catskill parks has been considered.   4.  Where a conservation easement is modified or extinguished pursuant to paragraph (d) of subdivision two  or  paragraph  (e)  of  subdivision three  of  this section, such easement shall be modified or extinguished only to the minimum extent necessary to accommodate the  facility  which is  the  subject  of  the certificate of environmental compatibility and public need.   5. Nothing  in  this  section  shall  be  construed  to  preclude  the extinguishment  or  modification  of a conservation easement pursuant to the  applicable  provisions  of  the  federal  natural   gas   act   (15 U.S.C. §§ 717-717 w).