HomeMy WebLinkAboutLand Preservation Bank IMPORTANT: READ INSTRUCTIONS ON REVERSE SIDE .
· HOME RULE REQUEST
(Request by a Local Government for Enactment of a Special Law)
To the Legislature:
Pursuant to Article IX of the Constitution the ......... J ...................................... [Eown____~ ................... o!
cnt)tled 'AN ACT establishing the Southold land preservation bank to
: ,preserve, acquire, hold and manage certain real property ~n the
town of Southold, county .of Suffolk and providing for the repea~
of certain provisions upon expiration thereof.
It is hereby declared that a necessity exists for the enactment of such legislation, that the facts
establishing such necessity are as follows: (Check appropriate box)
[~ The local government does not have the power to enact such legislation by local law.
[] Other facts, as set forth in the following "Explanation" e~tablish such necessity.
EXPLANATION
(If space below is not sufficient usc separate sheet and attach here)
Such request is made by: (Check appropriate box)
The chief executive officer of such local government, concurred in b'
the local legislative~body. (See paragrapl'
[3j~ The i~ai' legklati~'b~y 'bi s~ iocal 'government
having voted in favor of such request. (See paragraph B below)
the
READ BEFORE SIGNING
A. If the request is made by the chief executive officer and concurred in by a majority of the total
bership of the local legislative body, both the chief executive officer and the clerk of the local legislative
body must sign below. In such case use the word "majority" below even though the vote may have
been greater,
[3. If the request is made by the local legislative body, at least two-thirds of the total membership thereof
having voted in favor of such request, only the clerk of the local legislative body must sign below.
In such case use the words "two-thirds" below.
Date:
CHIEF EXECUTIVE OFFICER'S SIGNATURE
CLERK'S CERTIFICATION
(Signed) ____: ......................................................... -'--- (chief executive officer)
............................................ 2 ............. ~ ..... ~,,,~ ,'~-
*-* ~ .">.. two-thirds
19 87--,~such lemslat~ve body, at leasta rnlflljr~,t~
approved the foregoing reqfl~st. {~tr~ke out oneJ
........... ...........
(Signed~~
......... ~_udi th__T_~__T erry ...................
I, _ J ual[th ..T...._T_errY/ ........................ do hereby certify that I am Clerk of the._.. ................... L_.:__.-.
.................. To~m__B~ard ..................................... ol the _.___.TJD~tl'I_'~ ..................................................
of ......................... Southolct ............................ and that on the _ ..2ttth _._ day t;f'~__Mar_ch ....... L:.J[__.:.',
of the total membership having voted in favor thereof,
~:.~ :' :" .;. ,:.'~ (a) If the bill has been introduced m House of'the Legislature, four cop~es
: .~ ./;; <:i:~: i~orm must be ~led}:i.e.~ ~{;° with th~'Sen~ie:~nd two With the
:.: . (b) If the ~dent~cal bill has been ~ntroduced ~n both Houses eight copies of the request form must
;2 : :.'( :" ; be filed, i.e., two With the Senate and two with the Assembly for the Senate bm and th'e same
Assembly bill. "'
,, ~ s~gnmg Of a home e request or
ing such request ca:nn0t precede the date 6n Which the bill is a~tualiy i~troduced in 't i ,
~ ; of prefiled bills, the actual date of introductmn ~s the first day of the legislative session. The
!Sighed Or the the Same dayas the date 0f i
bills:
·
: Each time the bill is amended a new request must be filed (~ith the appropriate number Of ,copies) i
.,i~, , new request must correctly identify the bill number as last amended. The'signing of the request, and the d~te
th~ ~Upporting resolution, ~ann0i precede'the' date nf the
sent as follows:
· ~ ;' Senate Post Office
'5: The Capitol
.' Albany, N. Y. 12224
Definition of terms:
Chic! executi~vve offic .
In the case of a county, the elective or appointive chief executive
2ounsel
Assembly Post Office
The Capitol
,, N. Y, 12224
officer, if there be one, or otherwise the
chairman of the board of supervisors; in the case of a city or village, the mayor (not manager); and in
the case of a town, the supervisor. (Municipal Home Rule Law §40)
Local legislative body.
The board of supervisors, board of aldermen, common council, council, commisston, town board,
of trustees or other elective governing board or body vested by state statute, charter or other law ';,vith
jurisdiction to initiate and adopt local laws or ordinances. (Municipal Home Rule Law §2)
Local government.
A county, city, town or village (Const. Art. IX, §3; Municipal Home Rule Law §2)
Special law
A state statute which in terms and in effect applies to one or more. but not all, counties (other than those
wholly included within a city) cities, towns or villages. (Const. Art IX §3; Municipal Home Rule Law
Total membership.
The total voting power of a legislative body. (Municipal Home Rule Law,
IMPORTANT: READ INSTRUCTIONS ON REVERSE SIDE
HOME RULE REQUEST
(Request by a Local Government for Enactment of a Special Law)
To the Legislature:
Pursuant to Article IX of the Constitution, the ._: ............ T..Q_W_._n_ ........................... o!
Senate
i ........ $_outhold .................................. Iname) '....* requests the enactment of ~k. bj~bi (No. *---30-58 .......... ),
entitled" AN ACT establishing the Southold land preservation bank to
preserve, acquire, hold and manage certain real property in the
town of Southold, county of Soffolk and providing for the repeal
of certain provisions upon expiration thereof.
It is hereby declared that a necess(ty exists for the enactment of such legislation, and that the facts
establishing such necessity are as follows: (Check appropriate box)
[] The local government does not have the power to enact such legislation by local law.
E Other facts, as set forth in thc following "Explanation" establish such necessity.
EXPLANATION
(If space below is not sufficient, use separate sheet and attach here)
Such request is made by: (Check appropriate box)
[] The chief executive officer of such local government, concurred !n by a majority of the total
: . ? , '; :: ' of the local leg s ative body (See paragraph A be ow) ,~.,' .... Q 't "t...... ' ¢";a ' ~ ~;"~
[] The local legislative body of such local government, at least two-thirds of the total membership thereof
having voted in favor of such request. (See paragraph B below)
READ BEFORE SIGNING 5,-
A. If the request is made by the chief executive officer and concurred in by a majority of the total mem-
bership of the local legislative body, both the chief executive officer and the clerk of the local legislative
body must sign below· In such case use the word "majority" below even though the vote may have
been greater.
B. If the request is made by the local legislative body, at least two-thirds of the total membership thereof
having voted-in favor of such request, only the clerk of the local legislative body must sign below.
In such case use the words "two-thirds" below.
CHIEF EXECUTIVE OFFICER'S SIGNATURE
(Signedl ............................................................
Date:
(Print or type name below signature)
(Title of chief executive officer )
CLERK'S CERTIFICATION
I ..... J-.[4-d-!t-~ .-T-_¢...--T -o-EE.Y ............................... do hereby certify that I am Clerk of the ................................
{print or type name) (local legislative body)
................ IQ-W- n__..B.o~r.d ........................................ of the ...... T_°_.w___n_ ..............................................
Icounty, city. town or village)
of ............. Sou_thgl~ ..................................... and that on the ..... _2__q:.t._h____ day of . _Ma_~c_13_ ...............
two-thirds
19_ .8_7_ . such legislative body, at least,ya,~xill~ of the total membership having voted in favor thereof,
approved the foregoing request.
out bne)
(S,gne~~ ' c_..~.7__-:~-~. __~
(Print or type name below signature)
D ate :- ...Ma rxT. h.__2 -tl- ........... L_., 19_81_
INSTRUCTIONS
Copies required:
Two signed copies of this form, specifying the final bill number and title must be filed with
of the Legislatgre. ; ;~-, ."~:~ '.
Example~: '.· . . .~ . ,7..[.7,~ " ·"
(a) If the bill has been introduced in only one House of the Legislature, four copies of the request
form'mus( be isled, i.e., two with the Senate and two with the Assembly] '~'" ' '"'
(b) If the identical bill 'has bee~ introduced in both Houses, eight c~pies 9f the'request form must
be filed, i.e., two with the Senate and two with the Assembly for the Senate bill and the same
for the Assembly bill.
Date o~ request:
The sigmng of a home rule request or the adoption of a resolution by the local legislative body approv-
ing such request cannot precede the date on which the bill is actually introduced in the Legislature. In the case
of prefiled bills, the actual date of introduction is the first day of the legislative session. The request may be
signed or the resolution adopted the same day as the date of introduction.
Amended bills:
Each time the bill is amended a new request must be filed (with the appropriate number of copies) and the
new request must correctly identify the bill number as last amended. The signing of the request, and the date of
the supporting resolution, cannot precede the date of the amendment
Transmittal:
The signed forms should be sent as follows:
To the Senate: , : To the Assembly:
Home Rule Counsel
Senate Post Office
The Capitol
Albany, N. Y. 12224
Home Rule Counsel
Assembly Post Office
The Capitol
Albany, N. Y. 12224
Definition of terms:
Chic] executj~ve officer.
In the case of a county, the elective or appointive chief executive office~, if there be one, or otherwise the
chairman of the board of supervisors: m the case of a city or village, the mayor (not manager); and in
the case of a town, the supervisor. (Municipal Home Rule Law §40)
Local legislative body.
The board of supervisors, board of aldermen, common council, council, commission, town board, board
of trustees or other elective governing board or body vested by state statute, charter or other law with
jurisdiction to initiate and adopt local laws or ordinances. (Municipal Home Rule Law §2)
Local government.
A county, city, town or village (Const. Art. IX, §3; Municipal Home Rule Law §2)
Special law
A state statute which in terms and in effect applies to one or more, but not alt. counties (other than those
wholly included within a city) cities, towns or villages. (Const. Art. IX §3; Municipal Home Rule Law §2)
Total membership.
The total voting power of a legislative body. (Municipal Home Rule Law, §§20, 40) _
./
.JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
TELEPHONE
(516) 765-1801
March 25, 1987
Home Rule Counsel
Senate Post office
The Capitol
Albany, New York 12224
Dear Sir!
Re: Senate bill' No. 3058
Transmitted herewith is :executed Home Rule Request from the Southold
Town Board, entitled "AN ACT establishing the Southold land preservation
bank to preserve, acquire, hold and manage certain real property in the
town of $outhold, county of Suffolk and providing for the repeal of certain
provisions upon expiration thereof."
Very truly yours,
Judith T. Terry ~
Southold Town Clerk
EnclOsures (4)
cc: Senator LaValle
Assemblyman Sawicki
JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
TELEPHONE
(516) 765-1801
March 25, 1987
Home Rule Counsel
Assembly Post Office
The Capitol
Albany, New York 12224
Dear Sir:
Re: Assembly bill No. 4042
Transmitted herewith is executed Home Rule Request from the Southold
Town Board, entitled "AN ACT establishing the Southold land preservation.
bank to preserve, acqlJire, hold and manage certain' real property in' the
town of Southold, County of Suffolk and providing for the repeal of certain:
provisions upon expiration thereof."
Very truly yours,
Judith T. Terry
Southold Town Clerk
Enclosures (4)
cc: Assemblyman Sawicki
Senator LaValle
STATE
OF' NEW YORK
1987-1988 Regular Sessions
SENATE - ASSEMBLY
March 2, 1987
SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered
printed, and when printed to be committed to the Committee on Local
Government
tN ASSEMBLY -- Introduced by M. of A. SAWiCKI -- read once and referred
to the Committee on Local Governments
AN ACT establishing the Southold land preservation bank to preserve, ac-
quire, hold and manage certain real property in the town of Southold,
county of Suffolk and providing for the repeal of certain provisions
upon expiration thereof
The Peo le of the State of New york re resented in Senate and Assem-
bly~ do enact as follows:
tion l. Legislative findings and intent. The legislature finds
1 Sec -' - -nd .reservation of open space and significant nat-
that the prot~c[~o- ~ '" ur ose that greatly enriches the lives of the
3 ural areas is a publ~ P P ~ hat conservation techniques
such protections. Therefore, this act is intended to enable
7 Southoid, Suffolk county to protect and preserve its open space and nat-
8 ural area resources through a land preservation bank, financed by a fee
)evled on the transfer of real property within the town.
10 ~ 2. As used in this act, the following words and terms shall have the
ll following meanings=
12 (al ,,Commission" shall mean the Southold land preservation bank com-
mission estabiished pursuant to'section four of thls act.
(bi "Fund" shall mean the Southold land preservation bank fund esta-
blished pursuant to section nine of this act.
16 (c) "Land bank" shall mean the Southoid land preservation bank esta-
17 blished pursuant to section three of this act.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted. LBDO~90-O1-7
1
2
'5
6
7
$
lO
I1
15
16
~7
18
3058 2 A. ~0~2
(d) "Purchaser" shall mean the transferee, grantee or recipient of any
real property interest.
(el "Purchase price" shall mean all consideration paid or transferred
by or on behalf of a purchaser to a seller or his nominee, or for his
benefit, for the transfer of any real property interest, and shall in-
clude, but not be limited to, all cash or its equivalent so paid or
transferred; all cash or other property paid or transferred by or on
behalf of the purchaser to discharge or reduce any obligation of the
seller; the principal amount of all notes or their equivalent, or other
deferred payments, given or promised to be given by or on behalf of the
purchaser to the seller or his nominee; the outstanding balance of all
Obligations of the seller which are assumed by the purchaser or to which
the real property interest transferred remains subject after the trans-
fer, determined at the time of transfer, but excluding real estate taxes
and other /municipal liens or assessments which are not overdue at the
time of transfer; and the fair market value, at the time of transfer, of
any othe~ consideration or thing of value paid or transferred by or on
behalf of the purchaser, including, but not limited to, any property,
goods or services paid, transferred or rendered in exchange for such
20. real property interest.
21 (fl "Real property interest" shall mean every estate or right, legal
22 or equitable, present or future, vested or contingent, in lands, tene-
merits or hereditaments, which are located in whole or in pert within the
town of Southold. It shall not include a mortgage, a release of mortgage
or a leasehold for a stated term of years or part of a year. It+shall
26 not include rights to sepulture.
27' (gl "Seller" shall mean the transferor, grantor or immediate former
28 owner of any real property interests.
29 (h) "Time of transfer" of any real property interest Shall mean, the
30 time at which such transfer is legal:ly effective as between the parties
thereto, and, in any event, with respect to a transfer evidenced by an
instrument recorded with the appropriate registry of deeds or filed with
the assistant recorder of the appropriate registry district, not later
than the time of such recording or filing.
(il "Town" shall mean the town of Southold in the county of Suffolk.
S 3. The town board of the town of Southold in the county of Suffolk,
may establish a land preservation bank, to be admln{stered by the town
board and a commission for the purpose of acquiring, holding and manag-
ing land and interests in land of the types set forth in section six of
hO this act upon the adoption of a local law to that effect. Such local law
shall be subject to a mandatory referendum.
. S h. The land preservatlon bank shall be administered by the town
board of the town of Southold and a commission consisting of f~ve per-
sons appo!nted by the town board of the town of Southold for five year
terms except that of the first five appointments, one of whom shall
serve for a term of one year, one of whom shall serve a term of two
years, one of whom shall serve a term of three years and one of whom
shall serve a term of four years. The town board of Southold shall
designate a chairman and shall fill vacancies for the remainder of the
50 term. Members shall be legal residents of the town of Southold and shall
91 serve without compensation. No member of the town board shall serve as a
52 member of the commission, The commission shall elect a secretary from
among its members, and may adopt reasonable rules and regulations for
the conduct of its affairs and the management of the holdings of the
95 Southold land preservation bank not inconsistent with the provisions of
this act. Decisions of the comm~$si°n shal~ be by majority vote of those
2 present and voting and no bus,ness shall be transacted without three
member5 present. The commlss~on shall keep accurate records of its meet°
~ngs and actions and shall f~le an annual report. The commission shall
be subject to the provisions of articles six and seven of the public of-
flcer5 law. The commission shall act ;n an adv~aory' capacity to the town
board of $outhold with regard to ~and acqu~slslon$ made pursuant to this
act. he town o~ $outhold shall, subject to the
ll power and author Y ' n and in the town of $outho
32 and any lesser interests, !n a ~x of this act including any improvements
34 thereon~ (b) accept g = -~- land Breservatlon bank, (c)ta ~. .h
15 further the purposes .o~. ~-=domain~ pursuant to the eminent
16 interests in land by eminent vote of the commission in which at least
37 procedure law, and .only b~ ~uch taking and further only after hawng
18 four members vote ~n favor O~n each instance by a two-thirds vote of the
been author zed to do so ~ : ~ . ~..+ho~ arov' th t a reasona-
1~ - *~-~ of Soutnola aha -~ ...... __ ided. a
20' town board of the
21 hie effort shall first be made to negotiate the acquisition thereof
22 purchase prior to such taking; (d) dispose of all o? any portion of its
23 interests in any land or interests thereon held by it; (e) issue revenue
2~ anticipation notes in an aggregate prlncipal amount not to exceed five
25 .milllon dollars, pledging the full faith and credit of the town board of
~6~the town of Southold only after having been authorized to do so by a
2 two thirds vote of the town b~ard of th~ town of $outhbId; (f~ hire such
- . .... ... ,onal serv,ces as
28 staff and obtain suc- ~:~-;s_~.inister and manage land eno
29 perform ~ts ~ut!es; ano <g/~:~:~ allows public use and enjoyment c~,
~0 land held by it in a ma~ner.w~ic resources thereof-
3 slstent with the natura~ anu ~ - 1~ as a -art of the land preservation
s 6. and to be acqu, d and. e : so ac;uired ,nd held shall be
~3 bank, or interests ,n.w~,c~.~a and may consist of any of the f~llov~,ng
~ ...... -= &-nd and interest there~n; ~a/ o~=~,. .... blends; (b) barrier
~ beaches' (c) fresh and sa~: w=~- ,a~ ~--a ~rovlding access to ocean,
~a harbor and pond frontage~ ~T/ ["~ 'O -rotect existing aquifer recharge
~; --~-~' The land bank shall retain any r~-,.~:-:ct,~redominantly in its
~ . - ~''-~ ~-+er areas acquired pursuant ~o ~-,- -_ :-~vided for by
,o,nlc or opon cond,t,on _exo ,.:Ton;r of en '
k6 conservation and the town board of the town of $outho3d and where appro-
~7 pri,ate, subject to the generat laws, any special taw, or the constitu-
~8 tion, the commission shall not allow (a) construction or placing of bu-
~ ildings, roads, signs, billboards, or other advertising utilities or
~0 other structures on or above the surface, (bi dumping or placing of sol1
' $1 or other substance or material as landfill, or dumping or placlng of
52 trash, waste or unsightly or offensive materlals, (c) removal or des-
5~ truction of trees, shrubs, or other vegetation, (d) excavation, dredg-
~ lng, or removal of loam, peat, gravel, soil, rock, or other mlneral sub-
55 stance in such manner as to affect the surface, (e) surface use except
for purposes perm)tting the land or water area to remain predominant)y
2 in its natural condition, (f) activities detrimental to drainage, flood
control, water conservation, erosion control, or sol] conservation~ or
(g) other acts or uses detrimental to such retention of land or water
5 areas, (h) the a]ienation of any interest in land acquired by it under
the provisions of this act except upon the adoption of a ]ocal law by a
7 majority p]us one of the town board of the town of 5outhold authorizing
8 the alienation of said interest, subject to mandatory referendum by the
electors of the town of Southold. In determinihg whether or not to ap-
10 prove a request from the commission to use, improve or dispose of any
real property interest acquired by said commission in a manner otherwise
12 prohibited by this section, the commissioner of environmental conserva-
lion and the town board of the town of Southold shall consider whether
such request is in the interest of cons'ervation and any natural, state,
regional or local program in furtherance thereof, and also any public,
state, regional or local comprehensive land use or development plan af-
l7 fectlng the land, and any known proposal by a governmental body for use
18 of the land.
S 8. The commission shall file annually with the commissioner of eh-
20 ~ironmental conservation and the town clerk of the town of Southold a
21 conservation, ~ublic access, and outdoor recreation plan which shall be,
22 as far as possible, consistent with the town master plan and with any
regional planning relating to the area. The commission may, from time to
time, amend such plan. The plan shall show all real property interests
25 then currently held by the land bank including a description of the use
thereof, and all acquisitions, improvements or dispositions of real
27 property
28
29
50
interest held by the land bank at any time during the year
preceding each filing, including the reasons for such acquisition, im-
provement or disposition; the comm~ssloner of environmental conservation
and the town clerk of the town of Southold'may require any other [n-
formation they deem important.
S 9. The land bank shall meet its financial obligations by drawing
upon a Southold land preservatlon bank fund, to be set up as a revolvlng
or sinking account with the treasury of the town of Southold. Deposits
into the fund shall include (a) funds appropriated to be deposited into
the fund by the town of Southold or county of Suffolk; (b) voluntary
contributions of money and other liquid assets to the fund; (c) revenues
from fees imposed upon the transfer of real property interests as set
forth in section eleven of this act, together with payments of interest
and penalties under section thirteen of thTs act, and (d) proceeds fronl
disposal of real property interests. All expenses lawfully incurred in
the administration of the land bank in carrying out the provisions of
this act shall be evidenced by proper vouchers and shall be paid by the
town board of the town of Southold only upon submission of warrants
duly approved by the town board of the town of Southold.
S 10. The commission shall keep a full and accurate account of its ac-
tions including a record as to when, from or to whom, and on what ac-
count money has been paid or received relative to this act, and as to
when, from and to whom and for what consideration real property in-
terests have been acquired, improved, and disposed of.
The supervisor of the town of Southold shall keep a full and accurate
account stating when, from or to whom, and on what account money has
been paid or received relative to the activities of the commission and
the land preservation bank.
$.
~0~2
1 S ll. Notwlthatand ng any other provision of law to the contrary, but
· ' ns enumerated in th s act, the [own of Southold,
2 ~"bJ'c~ to ih' ~'~[~t~?~m, board of ih, town of Southold: ,s her~
acting through the ~ow. ...... a local laws imposing a .~
author,zed and empowered. -. the .urohase price u.o. tra efe
$ not to exceed ~wo perce~ ~- -~ -ro*erty situated ~n the ~ow.
6 real property ~ntereSt ~ Y¢~a +ce shall be the l~aballtY of the
? Southold, Suffolk counry. ~a[~.~.t and any agreement between the
ches, of such r,,l property n ;;;;r,person with ref,r,nce to th, a,lo-
S purchaser and the sel!e~ '~- ~--rin- sa d fee shall not affect t~e
10 ,oation of the responsibility ~' ~ au~horlzed by this act shall be aa-
11 1 ability of the purchas~ ~ .... ~r as may be provided by local
~2 ministered and collected tn amc. ~ .... and collection as
l) law with such amendments in respect to administration
l~ may be enacted. Nothing herein shall limit the authority of a town to
15 enter into cooperative agreements for collection of the tax imposed by
16 this section with any person designated as an agent for the collection
17 of the state real estate transfer tax pursuant to section fourteen hun-
18 dred seven of the tax law.
l~ For the purpose of the proper administration of this act and to pre-
20 vent, the evasion of the fee hereby imposed, it shall be presumed that
21 all deeds are taxab)e. Where the consideration includes property other
22 than money, it shall be presumed that the consideration i$ the value of
23 the real property or interest therein. These presumptions she)] prevail
2~ until the contrary is proven and the burden of proving the contrary
25 shall be on the purchaser.
26 S l~. The following transfers of real property interests shall be
27 exempt from the fee established by section eleven of this act. Except as
28 otherwise provided, the purchaser shall have the burden of proof that
~ any transfer is exempt hereunder-
)O (al Transfers to the state of New York, or any of its agencies,
strumentalltles, political subdivisions, or public corporations, includ-
lng a public corporation created pursuant to agreement or compact with
another state or the Dominion of Canada.
(bi Transfer to the United Nations, the United States' of America and
any of its agencies and instrumentalities.
(c) Transfers to any corporation or association, or trust, or commu-
nity chest, fund or foundation organized and operated exclusively for
religious, charitable or educational purposes, or for the prevention of
cruelty to children or animals, and no part Of the net earnings of which
hO inures to the benefit of any private shareholder or individual and no
substantial part of the activities of which is carrying on propaganda,
or otherwise attempting to influence legislation; provided, however,
that nothing in this section shall include an organization operated for
the primary purpose of carrying on a trade or business for profit,
whether or not ail Of its profits are payable to one or more organize-
lions described in this section.
h7 (d) Transfers orconveyances of real property without consideration
and otherwise than in~connectlon with a sale, including deeds conveying
realty as bona fide
50 (e) .Transfers given in connection with a tax sale.
51 (f) Transfers given pursuar~t to mergers, dissolutions or consolida-
lions of corporations or transfers by or to subsidiary corporations.by a
parent corporation for no consideration other than cancellation or sur-
render of the subsidiary~s stocks.
5
6
7
8
S. 305
A. ~0~2"
I (gl Transfers consisting of a division of marital assets under the
2 domestic relations law.
3 (h) The first one hundred thousand dollars of the purchase price of
any real property interest, where such real property has a building and
other articles, and structures, substructures and superstructures
erected thereon; or
(]) The first twenty-five thousand dollars of the purchase price of
any other rear.property interest.
~ 13. A purchaser who fails to pay all or any portion of the fee esta-
blished by section eleven of this act on or before the time when the
II same Je due shall be liable for the follmelng additional payments in
12 dition to said fee:
13 (a} I~tere~t: The purchaser shall pay interest on the unpaid amount of
1~ th~ fee to be calculated from=the time of transfer at a rate equal to
· I~ fourteen percent per ann~m.
16 (bi Penalties= A town, by iocal law, may impose a penalty for failure
17 to pay the fee imposed by section eleven of this act. Said pena]ty shall
i8 not ~e~ceed that,provided for in section one thousand four hundred eight
]9 .of the tax law. Any penalty and interest imposed upon a purchaser pur-
20 suant to tax liability imposed by the provisions of this act, shall
21~ caas~ to accrue against such taxpayer subsequent to the entering into of
22 ,an agreement approved by the commission requiring such purchaser to
2J repay the tax liabl]ity and the commission may not impose penalties and
2~ interest against such purchaser beyond the date such agreement is
2~ consummated.
26 S 1~. (al The commission shall notify a pUrchaser by registered or
27 certified mai] of any failure to discharge in full the amount of the fee
28 due under this act and any penalty or interest assessed. The co~m~Jssion
29 shall grant a hearing on the matter of the imposition of said fee, or of
~O any penalty or interest assessed, if a petition requesting such hearing
~1 is received by the commission within thirty days after the mailing of
~2 said notice. The co~mission shall notify the purchaser in writing by
J~ registered or certified mall of its determination concerning the defl-
~ clancy, penalty or interest within fifteen days after said hearing. Any
J~ final determination of the commission concerning a deficiency, penalty
3~ or interest may be reviewed by the supreme court in a manner provided
by
37 article seventy-eight of the civil practice la~ and rules upon applica-
tion of the aggrieved party. EverY~no~ice to be given under this section
by the commission shall be effective if mailed by certified registered
mall to the purchaser at the address stated in recorded or registered
instrument by virtue of which the purchaser holds any interest in land,
the transfer of which gives rise to the fee which is the sub~ect of such
notice; and if no address is stated or if such transfer is not evidenced
by an instrument recorded or registered in the public records in Suffolk
county, such notice shall be effective when so mailed to the purchaser
in fare of any person appearing of record to have a fee interest in such
land, at the address of such person as set forth in an instrument
recorded or registered in Suffolk county.
(bi All fees, penalties and interest required to be paid pursuant to
this act shall constitute a personal debt of the purchaser and may be
recovered in an action of contract or in any other appropriate action,
suit or proceeding brought by the commission.
(C) If any purchaser liable to pay the fee established by this act ne-
glects or refuses to pay the same, the amount, including any interest
and Penalty thereon, shall be a lien in favor of the cae;mission upon all
~2
~6
So
$2
s. :3058 7 A. k0k2
property and rights to property, whether real or personal, belonging to
2 such purchaser. Said lien shall arise at the time of transfer and shell
continue until the liabillty for such amount is satisfied. Said lien
shall not be valid as against any mortgagee, pledgee, purchaser or judg-
$ merit creditor unless notice thereof has been filed by the commission (l)
with respect to real property or fixtures, with the county clerk of Suf-
7 folk county, which has the effect of imparting constructive notice
8 thereof against any party sought to be bound thereby, or (il) with
respect to personal property, in the office ih which a security or
10 financing statement or notice with respect to the property would be
11 filed in order to perfect a nonposseesory security interest belonging to
12': ~ person named in the relevant notice, f~
tn any case where there has been a refUsal or neglect to pay any fee,
interest or penalties imposed by this act, whether or not levy.hi~ been
15 made, the commission, in addition to other modes of relief, may direct a
civil action to be filed to enforce the lien of the co~missiofl under
17 this section with respect to such liability or to':subject any property
18 of whatever nature, of the delinquent, or in which he has any right,
title or interest, to the payment of such liability.
20 The commission may issue a waiver or release of any lien imposed by
21 th~s section. Such waiver or release shall be conclusive evideRce that
22 the llen upon the property covered by the waiver 'or release is
extinguished.
S 15. This act shall take effect immediately, provided however; that
25 section eleven of this act shall remain in full force and effect on)y
untll January flrst,.nineteen hundred ninety-three, and upon such date
27 the provlsi'ohs of such section shat1 be dammed to be repealed~
THE SENATE
STATE Of NEW YORK
RECEIVED
1 .4AR i 6 1§87
March 10,
1987
Mrs. Judith T. Terry
Town Clerk
Town of Southold
53095 Main Road
Southold, New York 11971
Dear Judith:
Constitutional provisions mandate that certain bills require
a Home Rule Request before the Legislature can act upon them.
Senate Bill 3058 is such a bill.
We respectfully request that your office complete the
enclosed forms and return them to the Home Rule Counsel's Office,
the State Capitol, Albany, New York. (Please see reverse side of
Home Rule Request forms for more specific instructions.
Thank you for your prompt attention to this request.
Sincerely yours,
Encs.
~UJ)lllJl~l ill ~'lC¢'OliJ;llll'ft' %el J. Jl ^~',,*~
dy Itu]e ill.
il(e)
UJI] N-tuber: Assembly. A.4042 Sellale S.3058
Spomasors: Neml,er~ of A~c, mbiy
Senators
Iht reduced ot the IJequu~t of'
Tille of Bill: AN ACT'estab]~shing~the South~l~ land preservation bank
to preserve, acquire, hold and manage certain real property in the town
of S~u~hold county of Suffolk and providing'for the repeal of certain
provisions'upon expiration ~hereof.
Purpose or Cenera] Idea of Bill:
To establish s town land preservation bank funded by a
2~ levy on transfers of real property within the town to enable the
town to preserve open spaces, recreational areas and environmentally
sensitive land.
S~,~ry of Speci. f~c Pray]siena: Would establish a town land preservation
oan~ to be administered by a commission consisting of 5 persons appointed
by the town board. The initial terms shall be staggered and subsequent
terms sh~ll be for 5 years. Commission shall be empowered to purchase
and acquire interest in certain properties and to incur debt not exceeding
$~ million only after having been authorized to do so by a 2/3 vote of
the town board. Properties which may b~ acquired shall consist of the
following: ocean, harbor and pond frontage, barrier beaches, fresh and
salt water marshes, land providing access to ocean, harbor and pond
frontage, land for public recreational facilities, land to protect land
acquifer recharge areas, and farm]and and development rights to such
farmland. The land preservation bank shall be funded by a fee equal to
2~ of the purchase price of the transfer of any rea] prpperty interest
within the town. Transfers will be exemPt on the first $100;000 whbre
such transfer is improved real property, and transfers wi']! be exempt up
tn $2b,000 where such property is unimproved, without buildings structures
r D- c~res. '
Ef~ec~ bs[t~J~e,.en[ Law which this Bill would Alter:
Special act.
Justification: Many local governments have'undertaken programs to protect an
preserve open space and significant natural:areas and resources. Pressures
to develop natural areas are unprecedented on the eastern end of Long
Island, as many acres of farmland, marsh areas and waterfront property
have recently been used for residential development purposea. East-end
towns have undertaken ambitious programs to preserve natural and scenic
areas but lack the financial capabilities to enable such programs to have
a significant impact upon improvement of the environment. In addition, the
eastern portion of Long Island depends entirely upon acquifers to provide
fresh drinking water. In an attempt to slow growth and preserve natural
beauty, some towns have drastically un,shed remainin~ undeveloped parcels
' ~:zd. By establishing a town Jand bani:, L.e Luwn, through the collectim
of a 2~ real property transfer fee, would have the fiscal capacity to
implement important environmental protection and preservation programs.
Prior I.egi:;]atiw, Ilistory:
Fisr~'] Imp]ication.~ for Stale ;~lt¢l J,ot'~,] (h~vermm~t,nts: Would increase revenue
avaJlabl.e to certain towns for specific purposes.
File:
N.Y.S. - Home Rule Requests
Land PreservatiOn Bank
N.Y.S. - Senate
N.Y.S. - Assembly