N.Y. Environmental Conservation Law § 9-1901: Legislative purpose and intent

§ 9-1901. Legislative purpose and intent.

1. During the last one hundred years, both the state and private

parties have claimed title to identical portions of township forty,

Totten and Crossfield Purchase, in the town of Long Lake, county of

Hamilton. Indeed, some private parties have occupied and improved a

number of such parcels to which the state claims title and, in many

cases, both the state and private parties have paid taxes on such

parcels. In the last several decades, the state and some private parties

have commenced litigation, at significant expense and with limited

success, to establish their respective claims over disputed parcels. As

a result of longstanding claims to disputed parcels, the free transfer

of the parcels has been inhibited, thereby creating economic and social

hardship in township forty which, in turn, has prevented both state and

private parties from the full use and enjoyment of the parcels. The

legislature has determined that the judicial system is not an

appropriate forum to resolve these longstanding title disputes and that

a statutory solution is required.

2. For these reasons and as authorized by the provisions of section

one of article fourteen of the state constitution, the legislature finds

that it is in the public interest to comprehensively and expeditiously

resolve these longstanding title disputes in a manner which is fair and

equitable. The legislature finds that it is in the best interests of the

state, the county of Hamilton, the town of Long Lake, and the private

parties who claim title to portions of township forty to resolve these

title disputes in a structured and efficient manner that results in

clarification of ownership interests, enhancement of public access to

forest preserve lands, and the quiet enjoyment of private property.

3. The legislature further finds that resolution of these title

disputes shall be accomplished in a manner that ensures the integrity of

the forest preserve in the Adirondack park and that results in a net

benefit to the forest preserve when compared to the contested parcels.

4. The legislature further finds that the title disputes associated

with township forty constitute a unique situation, found nowhere else in

the state, and that consequently it is equitable and appropriate for the

state to relinquish its claim of title to disputed parcels within the

township. This relinquishment of claims to title shall not be deemed to

set precedent for the relinquishment of claims to title with respect to

other lands owned by the state.