NY Env Conserv L § 9-1907 (2021)
2021 New York Laws ENV - Environmental Conservation Article 9 - Lands and Forests Title 19 - Township Forty Settlement Act 9-1907 - Process for Clearing Title.

§ 9-1907. Process for clearing title.1.  Within  thirty  days  of  the  effective date of this section, the   department shall submit a written request to the county tax assessor for   a certified list, to be prepared from the most current tax roll, of  the   names  and  addresses  of  all  persons  who claim title to the disputed   parcels listed in section 9-1905  of  this  title.  The  assessor  shall   prepare  such  a list within seven days after receiving the department's   request, and include on the list the names and addresses of all  persons   on  the most current tax roll and the names and addresses of all persons   who, not less than seven days prior to the date on  which  the  assessor   received the department's request, notified the assessor that they claim   title  to  a  disputed  parcel. The department shall be entitled to rely   upon the information contained in the certified list, and failure by the   department to give notice to  any  person  claiming  title  who  is  not   included on the list or is not at the address included on the list shall   not  invalidate  any  proceeding  or  actions  authorized by this title.   Within thirty  days  after  receipt  of  the  certified  list  from  the   assessor,  the  department  shall send, by first class mail, a letter to   each  person  included  on  the  list,  informing  the  person  that   a   constitutional  amendment  has been adopted and legislation enacted that   authorizes a resolution of title issues on disputed parcels in  township   forty,  including  the  disputed  parcel  to  which  the  person  claims   ownership rights. The department shall send a separate  letter  to  each   person  claiming  title  to  each  disputed  parcel.  Such  letter shall   describe the process for resolving title set forth  in  this  title  and   state  that, until such time as the state is estopped from asserting its   claim of title to the disputed parcel pursuant to subdivision  seven  of   this  section,  any  person  claiming title to the disputed parcel shall   assume all the risk with respect to subdividing or adding new structures   or improvements to the disputed parcel. The department shall  provide  a   copy  of  each such letter to the attorney general. The department shall   also, within thirty days after receipt of the list  from  the  assessor,   publish  written  notice of the process to clear title, including a list   by tax lot number of the parcels listed in section 9-1905 of this title,   in the state register, the environmental notice bulletin and a newspaper   of general circulation in township forty.2. Within ninety days of  the  receipt  of  the  department's  letter,   pursuant to subdivision one of this section, for each disputed parcel, a   person shall provide to the department, with copies to the office of the   attorney  general  and  the  town, a separate notarized statement as set   forth in section 9-1915 of this title, notifying the department either:a. that he or she will participate in the process set  forth  in  this   title  to  resolve  title to the disputed parcel or parcels, and, if so,   whether he or she intends to provide as a gift to the state a  specified   portion  of  a  disputed  parcel  in fee simple without reservations for   inclusion in the forest preserve or a conservation easement to the  town   restricting  development  over  all or a specified portion of a disputed   parcel, with a secondary right of enforcement in the state; orb. that he or she declines to participate in the  process  established   by this title to resolve title to disputed parcels.3.  With respect to a parcel or conservation easement which the person   intends to provide as a gift to the state or the town, respectively,  as   specified  in  paragraph  a of subdivision two of this section, the town   shall provide  the  person  with  an  assessed  value  of  the  proposed   conveyance,  with  a  copy  to the department, within one hundred twenty   days of the town's receipt of a copy of the notification concerning such   gift. 4. Within twelve months of  the  date  of  the  letters  sent  by  the   department  pursuant to subdivision one of this section, all persons who   are participating in the process set forth  in  this  title  to  resolve   title  to disputed parcels shall convey to the state any land which such   persons  expressed  an  intent  to  so convey pursuant to paragraph a of   subdivision two of this section, convey to  the  town  any  conservation   easements  which  such persons expressed an intent to so convey pursuant   to paragraph a of subdivision two of this section, and make  payment  to   the town in the amount due pursuant to subdivision five of this section.5.  Within  twelve  months  of  the  date  of  the letters sent by the   department  pursuant  to  subdivision  one  of  this  section,   persons   participating in the process set forth in this title to resolve title to   disputed  parcels  shall  pay  the  town an amount that approximates the   state's administrative costs in resolving the disputed parcels  situated   within  township  forty. The payment amount for each individual disputed   parcel shall be the sum of: (a) a flat rate of two thousand dollars  per   parcel;  and  (b)  an  amount  equal  to the total assessed value of the   parcel, including  structures  and  improvements  situated  thereon,  as   determined by the two thousand twelve town assessment, less the assessed   value  of any portion of such parcel conveyed to the state in fee or any   conservation easement conveyed to the town, pursuant to paragraph  a  of   subdivision  two of this section, divided by the total assessed value of   all disputed parcels, including  structures  and  improvements  situated   thereon  as  determined  by  the  two  thousand  twelve town assessment,   multiplied by two hundred thousand dollars. The town shall use all  such   payments  to  acquire land for inclusion in the forest preserve pursuant   to subdivision six of this section.6. Within eighteen months of the date  of  the  letters  sent  by  the   department  pursuant  to subdivision one of this section, the department   shall identify lands for the town to acquire for inclusion in the forest   preserve. Subject to legislative approval, such lands  shall  provide  a   net  benefit  to the forest preserve as compared to the disputed parcels   to which the state is  estopped  from  asserting  a  claim  pursuant  to   subdivision  seven  of  this  section.  The  town shall use all payments   acquired  pursuant  to  subdivision  five  of  this  section   for   the   acquisition  of  such lands. Such lands shall be conveyed from the owner   directly to the state. Title  to  land  to  be  conveyed  to  the  state   pursuant  to  this  title and the deed to the state shall be approved by   the  attorney  general,  as  to  form  and  manner  of   execution   and   recordability, before the deed shall be accepted on behalf of the state.7.  The commissioner shall cause to be prepared an accurate survey map   showing the boundaries of all disputed land to which the state  will  be   releasing and extinguishing its right, title and interest and record the   survey map in the Hamilton county clerk's office. The commissioner shall   also cause legal descriptions of such boundaries to be prepared from the   map.  Except  for  those  parcels  the  title to which will be litigated   pursuant to section 9-1909 of this title, upon legislative  approval  of   the  lands  to  be  provided to the state pursuant to subdivision six of   this section, the completion  of  the  conveyances  to  the  state,  and   certification  by  the  commissioner  that  each  respective  person has   complied with all applicable terms and conditions  of  this  title,  and   notwithstanding the provisions of the public lands law, the commissioner   shall  be  authorized  to  release  and  extinguish all right, title and   interest of the state in the disputed parcels that  are  located  within   these  surveyed boundaries, without reservation and exception. The legal   descriptions shall be approved by the commissioner and incorporated into   the release and extinguishment document.  The  commissioner  shall  send   notice of the state's release and extinguishment of rights to a disputed    parcel  by  separate  letter  to each person for each parcel of land the   title to which has been settled pursuant to this title, and upon release   and extinguishment of rights, the state shall be estopped from asserting   any  claim  of title to disputed parcels based upon (a) facts or actions   that occurred prior to the effective date of this title, and (b)  deeds,   tax  sales  or  other  documents that predate the effective date of this   title. The commissioner shall also cause  to  be  prepared  an  accurate   survey  map,  to  be  recorded in the county clerk's office, and a legal   description from the survey map, for each individual parcel of land  the   claimant  of  which  has  filed  a  notice  pursuant  to  paragraph b of   subdivision two of this section or has not complied in a timely  fashion   with the requirements of subdivisions two, four or five of this section.   The department shall provide a copy of such survey and legal description   to  the  office  of  the  attorney  general  to assist in the litigation   required by section 9-1909 of this title.