SENATOR MARCHIONE’S LEGISLATION EXPANDING CONSERVATION EASEMENTS TO INCLUDE THE FEDERAL GOVERNMENT PASSES THE STATE SENATE

Legislation is the second of Senator Marchione’s bills to pass the State Senate during this Session

Senator Kathleen A. Marchione (R,C-Halfmoon) today announced that the State Senate has passed her legislation, Senate Bill S.4553-A, which expands the definition of “public body” for conservation easements to include the Federal Government. Today’s passage of Senator Marchione’s conservation easement legislation marks the second of her bills to pass the State Senate this Session.

Senator Marchione’s bill amends the State Environmental Conservation Law to include the Federal government within the definition of “public body” for purposes of conservation easements. Presently, federal entities, such as National Parks, are not included in the definition of public body for purposes of conservation easement.

Senator Marchione’s bill will formally add Federal entities to the definition of public body so that a conservation easement may be enforced in law or equity by its grantor, its holder, or by a public body or any not-for-profit conservation organization designated in the easement as having a third party enforcement right.

Senator Marchione’s legislation has an Assembly companion, A.5976-A, sponsored by Assemblyman Steve Englebright (D-Setauket). The companion bill is currently pending before the Assembly’s Environmental Conservation Committee.

“Conservation easements have proven to be important tools that help preserve and protect our open spaces and natural scenic treasures. My legislation expands conservation easements to ensure that our easements conveyed to the National Parks in our state remain intact and so that more can be conveyed,” Senator Marchione said.

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