N.Y. Environmental Conservation Law § 54-0907: Contracts

§ 54-0907. Contracts.

1. The commissioner shall impose such contractual requirements and

conditions upon any municipality and any not-for-profit corporation

which receive state assistance payments pursuant to this title as may be

necessary and appropriate to ensure that a public benefit shall accrue

from the use of public funds by such municipality or not-for-profit

corporation. Such conditions shall include limitations on the right of

the municipality or not-for-profit corporation to demolish or convey

such property, provisions for public access or use where appropriate,

the granting of facade easements to the state, a requirement that all

plans for restoration, rehabilitation, improvement, demolition or other

physical change must be subject to the commissioner's approval, and such

other conditions which shall assure the preservation and protection of

the project.

2. Any not-for-profit corporation which receives state assistance

payments pursuant to this title for the acquisition of land for outdoor

recreation or conservation purposes shall execute a contract with the

commissioner which shall include the following:

a. An agreement to make and keep the lands accessible to the public

unless the commissioner determines that public accessibility would be

detrimental to the lands or any natural resources associated therewith;

b. An agreement not to sell, lease, exchange or donate the lands

except to the state, a local government unit or another qualifying tax

exempt non-profit organization for recreation and conservation purposes

approved by the commissioner; and

c. An agreement to execute and convey to the state at no charge a

conservation easement, pursuant to title three of article forty-nine of

this chapter, over the lands to be acquired with state assistance

payments.