2006 New York Code - 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 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.
    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 or is required
  for a major steam electric generating  facility  which  has  received  a
  certificate  or  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,  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.
    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).