N.Y. Environmental Conservation Law 9-1915 – Notarized statement
§ 9-1915. Notarized statement.
Terms Used In N.Y. Environmental Conservation Law 9-1915
- Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
- forest preserve: shall include the lands owned or hereafter acquired by the state within the county of Clinton, except the towns of Altona and Dannemora, and the counties of Delaware, Essex, Franklin, Fulton, Hamilton, Herkimer, Lewis, Oneida, Saratoga, Saint Lawrence, Warren, Washington, Greene, Ulster and Sullivan, except:
a. See N.Y. Environmental Conservation Law 9-0101 - Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
The format for the notarized statement described in subdivision two of section 9-1907 of this title shall be as follows: NOTARIZED STATEMENT RELATING TO THE SETTLEMENT OF COMPETING CLAIMS OF TITLE TOWNSHIP FORTY, TOTTEN AND CROSSFIELD PURCHASE TOWN OF LONG LAKE, COUNTY OF HAMILTON Name(s): Mailing address(es): Telephone number(s): Tax parcel number: Circle either 1 or 2; if you circle 1, you must also circle a or b:
1. I (we) elect to participate in the process to resolve title issues regarding the above-referenced parcel as authorized by title nineteen of Article 9 of the environmental conservation law.
a. I (we) intend to reduce my (our) payment by gifting to the state a specified portion of a disputed parcel in fee simple without reservation for inclusion in the forest preserve or a conservation easement to the town restricting development over all or a specified portion of a disputed parcel, with a secondary right of enforcement in the state. The intended gift is described in the attached document.
b. I (we) do not intend to reduce my (our) payment to the state by gifting any portion of the parcel to the state or by gifting a conservation easement over any portion of the parcel to the town; or
2. I (we) elect to not participate in the special process to resolve title issues regarding the above-referenced parcel as authorized by title nineteen of Article 9 of the environmental conservation law. I (we) understand that: within twenty-four months of my (our) filing of this notice, the attorney general shall commence an action in a court of competent jurisdiction to determine title to such parcel; nothing in title nineteen of Article 9 of the environmental conservation law shall be applicable to such litigation; and failure by the attorney general to commence such action within such twenty-four month time frame shall not subsequently prevent the attorney general from commencing such an action or create a presumption against the state's claim of title. Signature (Notarization)