2006 New York Code - Open Space Land Conservation Projects

 
  § 54-0303. Open space land conservation projects.
    1.  The  commissioner  and  the  commissioner  of the office of parks,
  recreation and historic preservation are authorized  to  undertake  open
  space land conservation projects.
    2. a. The commissioner of the office of parks, recreation and historic
  preservation  may  enter  into  an  agreement  for  the  maintenance and
  operation of open space land conservation projects  in  urban  areas  or
  metropolitan  park  projects  by  a  municipality,  or  a not-for-profit
  corporation or unincorporated  association  which  demonstrates  to  the
  commissioner's  satisfaction that it is financially or otherwise capable
  of operating and maintaining the project for the benefit of  the  public
  and  of  maximizing  public  access  to such project. Any such agreement
  shall contain such provisions as shall be necessary to ensure  that  its
  operation and maintenance are consistent with and in furtherance of this
  article  and  shall  be  subject  to the approval of the director of the
  budget, the comptroller and, as to form, the attorney general.
    b.  The commissioner, pursuant to appropriation therefor and in  order
  to  further  the purposes of article forty-six of this chapter, may make
  available to the Albany Pine Bush preserve  commission,  established  by
  article  forty-six  of  this  chapter,  moneys for the operation of such
  commission, including the management of lands under the jurisdiction  of
  such  commission  in  accordance  with  a  management  plan  prepared as
  specified in section 46-0111 of this chapter.
    3. The cost of an open space land conservation project  shall  include
  the  cost  of  preparation of a management plan for the preservation and
  beneficial  enjoyment  of  the   land   acquired   except   where   such
  considerations  have already been undertaken as part of an existing plan
  applicable to the newly acquired land.
    4. To the fullest extent practicable, it is the policy of the state to
  promote  an  equitable  regional  distribution  of   open   space   land
  conservation  funds,  consistent  with the purpose of this title, taking
  into account regional differences in real  property  values,  ecological
  resources and recreational opportunities.
    5. No project, which was not listed on the state land acquisition plan
  as  of  the  effective  date  of  this  title,  shall  be  proposed  for
  acquisition by the state under this title, pursuant to  the  state  land
  acquisition  plan,  if  any  town,  village  or city within which such a
  project is located, by resolution, within ninety days of notification by
  the state of its interest in acquiring such  project,  objects  to  such
  acquisition.  Such  objection  shall  be transmitted to the commissioner
  through the regional  land  acquisition  advisory  committee  and  shall
  prevent the state from undertaking such acquisition.
    6.  No  monies  shall be expended for acquisition by eminent domain of
  any open space land conservation project except in accordance  with  the
  state  land  acquisition  policy  set  forth  in section 49-0203 of this
  chapter.
    7. No monies shall  be  expended  for  open  space  land  conservation
  projects except pursuant to an appropriation therefor.