2023 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  a  major
electric  transmission  facility  which  has  received  a  siting permit
pursuant to article VIII of the public service law, upon the  filing  of
such  certificate  or  permit  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.
* NB Effective until December 31, 2040
* (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.
* NB Effective December 31, 2040
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, a major
electric  transmission  facility  which  has  received  a  siting permit
pursuant to article VIII 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 or permit 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  or permit 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.
* NB Effective until December 31, 2040
* (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.
* NB Effective December 31, 2040
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).