2023 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; or
b. 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.