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New York Environmental Conservation - Title 9 - § 54-0907 Contracts

Legal Research Home > New York Laws > New York Environmental Conservation (ENV) > New York Environmental Conservation - Title 9 - § 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.

Last modified: February 15, 2012