§ 49-0307 — Procedures for modifying or extinguishing conservation easement

§ 49-0307. Procedures for modifying or extinguishing conservation\n easement.\n 1. A conservation easement held by a not-for-profit conservation\norganization may only be modified or extinguished:\n (a) as provided in the instrument creating the easement; or\n (b) in a proceeding pursuant to section nineteen hundred fifty-one of\nthe real property actions and proceedings law; or\n (c) upon the exercise of the power of eminent domain.\n 2. A conservation easement held by a public body outside the\nAdirondack park or Catskill park, as defined in section 9-0101 of this\nchapter, may only be modified or extinguished:\n (a) as provided in the instrument creating the easement; or\n (b) in a proceeding pursuant to section nineteen hundred fifty-one of\nthe real property actions and proceedings law; or\n (c) upon the exercise of the power of eminent domain; or\n * (d) where land subject to a conservation easement or an interest in\nsuch land is required for a major utility transmission facility which\nhas received a certificate of environmental compatibility and public\nneed pursuant to article seven of the public service law or a major\nelectric transmission facility which has received a siting permit\npursuant to article VIII of the public service law, upon the filing of\nsuch certificate or permit in a manner prescribed for recording a\nconveyance of real property pursuant to section two hundred ninety-one\nof the real property law or any other applicable provision of law.\n * NB Effective until December 31, 2040\n * (d) where land subject to a conservation easement or an interest in\nsuch land is required for a major utility transmission facility which\nhas received a certificate of environmental compatibility and public\nneed pursuant to article seven of the public service law or is required\nfor a major steam electric generating facility which has received a\ncertificate of environmental compatibility and public need pursuant to\narticle eight of the public service law, upon the filing of such\ncertificate in a manner prescribed for recording a conveyance of real\nproperty pursuant to section two hundred ninety-one of the real property\nlaw or any other applicable provision of law.\n * NB Effective December 31, 2040\n 3. A conservation easement held by a public body inside the Adirondack\npark or the Catskill park, as defined in section 9-0101 of this chapter,\nmay be modified or extinguished:\n (a) as provided in the instrument creating the easement; or\n (b) upon the exercise of the power of eminent domain; or\n (c) unless such easement is held by the state, in a proceeding\npursuant to section nineteen hundred fifty-one of the real property\nactions and proceedings law; or\n (d) where such easement is held by the state, upon a determination by\nthe commissioner, after a non-adjudicatory public hearing, at which the\npublic shall be given opportunity to be heard, that the easement can no\nlonger substantially accomplish its original purposes or any of the\npurposes set forth in section 49-0301 of this title. Notice of any such\nhearing shall be given to the public pursuant to thirty days published\nnotice in the state register, the environmental notice bulletin and in a\nnewspaper having general circulation in the county where the real\nproperty burdened by the easement is situated and individual notice\nshall be given in writing to any person who may be entitled to enforce\nsuch easement pursuant to subdivision five of section 49-0305 of this\ntitle at such address as such person shall file with the commissioner;\nor\n * (e) where land subject to a conservation easement or an interest in\nsuch land is required for a major utility transmission facility which\nhas received a certificate of environmental compatibility and public\nneed pursuant to article seven of the public service law, a major\nelectric transmission facility which has received a siting permit\npursuant to article VIII of the public service law, or a major electric\ngenerating facility or repowering project which has received a\ncertificate of environmental compatibility and public need pursuant to\narticle ten of the public service law, upon the filing of such\ncertificate or permit in a manner prescribed for recording a conveyance\nof real property pursuant to section two hundred ninety-one of the real\nproperty law or any other applicable provision of law, provided that\nsuch certificate or permit contains a finding that the public interest\nin the conservation and protection of the natural resources, open spaces\nand scenic beauty of the Adirondack or Catskill parks has been\nconsidered.\n * NB Effective until December 31, 2040\n * (e) where land subject to a conservation easement or an interest in\nsuch land is required for a major utility transmission facility which\nhas received a certificate of environmental compatibility and public\nneed pursuant to article seven of the public service law or is required\nfor a major steam electric generating facility which has received a\ncertificate of environmental compatibility and public need pursuant to\nthe former article eight of the public service law, or a major electric\ngenerating facility or repowering project which has received a\ncertificate of environmental compatibility and public need pursuant to\narticle ten of the public service law, upon the filing of such\ncertificate in a manner prescribed for recording a conveyance of real\nproperty pursuant to section two hundred ninety-one of the real property\nlaw or any other applicable provision of law, provided that such\ncertificate contains a finding that the public interest in the\nconservation and protection of the natural resources, open spaces and\nscenic beauty of the Adirondack or Catskill parks has been considered.\n * NB Effective December 31, 2040\n 4. Where a conservation easement is modified or extinguished pursuant\nto paragraph (d) of subdivision two or paragraph (e) of subdivision\nthree of this section, such easement shall be modified or extinguished\nonly to the minimum extent necessary to accommodate the facility which\nis the subject of the certificate of environmental compatibility and\npublic need.\n 5. Nothing in this section shall be construed to preclude the\nextinguishment or modification of a conservation easement pursuant to\nthe applicable provisions of the federal natural gas act (15\nU.S.C. §§ 717-717 w).\n