2010 New York Code
ENV - Environmental Conservation
Article 9 - LANDS AND FORESTS
Title 1 - (9-0101 - 9-0113) GENERAL PROVISIONS
9-0109 - Acquisition of lands within the Adirondack or Catskill parks.

§ 9-0109. Acquisition of lands within the Adirondack or Catskill parks.
    1. Unless deemed necessary for the conservation of critical and unique
  natural  land  areas or of significant wild forest land areas, the state
  shall not acquire or  accept  fee  simple  ownership  of  structures  or
  improvements  in  the Adirondack or Catskill parks listed or eligible to
  be listed on the state register of historic places including that amount
  of land on which such structures or improvements  are  located  that  is
  necessary for their maintenance and use.
    2.  Prior  to  any  land  acquisition  by  a  state  agency within the
  Adirondack or Catskill parks,  the  commissioner  or  responsible  chief
  executive officer proposing such acquisition shall undertake a review of
  such  action  pursuant  to the state environmental quality review act as
  provided in article eight of this chapter and, when applicable, the  New
  York state historic preservation act of 1980.
    3.  If  such  structures or improvements in the Adirondack or Catskill
  parks are offered to the state for purchase or as a gift,  it  shall  be
  the  responsibility  of the state agency to which such offer is made, in
  accordance with guidelines  prepared  for  notifying  potential  private
  purchasers,  to  search  for  a  private  purchaser  or  donee who would
  preserve such structures or improvements, if the present  owner  thereof
  consents.
    4.  Historic  structures and improvements which are located within the
  Adirondack and Catskill parks and  owned  by  the  state  prior  to  the
  effective date of this section and which existed prior to acquisition by
  the state may be maintained provided that:
    a.  the  commissioner  of  parks, recreation and historic preservation
  finds that such structures and improvements are listed or  are  eligible
  to  be  listed  on  the  state  register  of historic places pursuant to
  subdivision one of section 14.07 of the parks, recreation  and  historic
  preservation law; and
    b. the commissioner finds that such structures and improvements can be
  maintained for public enjoyment and understanding of the forest preserve
  or  for  departmental activities necessary in protecting forest preserve
  lands in the parks in a manner that will not disturb the existing degree
  of wild forest character of land on which the pre-existing structures or
  improvements are located or the wild forest character of  land  adjacent
  thereto; and
    c. such maintenance is in accordance with reasonable regulation of the
  forest  preserve  in  the  Adirondack and Catskill parks consistent with
  article fourteen of the state constitution.
    The  recording  provisions  of  section  sixty-three  of  the   public
  buildings  law  shall  apply if such structures and improvements are not
  maintained or are substantially altered or demolished.

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