N.Y. Environmental Conservation Law § 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).