NY Env Conserv L § 49-0203 (2021)
2021 New York Laws ENV - Environmental Conservation Article 49 - Protection of Natural and Man-Made Beauty Title 2 - State Land Acquisition 49-0203 - State Land Acquisition Policy.

§ 49-0203. 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.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.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.   Notwithstanding any provision of law to the contrary, the department and   the  office  shall  tender  to  the  owner  of  any  lands  proposed for   acquisition by eminent domain an offer to purchase such  lands  for  the   value  thereof  as  determined  by  the  department  or  the  office  in   accordance with section  three  hundred  three  of  the  eminent  domain   procedure  law.  Such offer must have been made for at least ninety days   before the department or office makes a finding pursuant to article  two   of  the  eminent  domain  procedure  law  to acquire the land by eminent   domain; however, such ninety day period shall not be required  in  those   cases   in   which  the  respective  commissioner  has  made  a  written   determination  that  there  is  a  significant  risk  of  immediate  and   irreversible environmental degradation. In the event that the department   or  office  undertakes  the  process  of eminent domain and prior to the   public hearing required by section two hundred one of the eminent domain   procedure law, the respective commissioner shall  give  notice  of  such   undertaking  to  the  state  land  acquisition advisory council, created   pursuant to section 49-0211 of this title. The foregoing  provisions  of   this  paragraph  shall  not  apply to lands acquired pursuant to article   sixteen or title thirteen of article twenty-seven  of  this  chapter  or   lands  with  respect  to  which  the  owner  has consented to the use of   eminent domain or where the use of eminent domain is required  to  quiet   title.The  commissioners  shall  also  provide  the  state  land acquisition   advisory council  with  the  determinations  and  findings  required  by   section two hundred four of the eminent domain procedure law.