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71-3601 – Declaration of Policy and Statement of Purpose.

§ 71-3601. Declaration of policy and statement of purpose. The legislature hereby finds and declares that contaminated site remedial programs are an important and necessary component of the state’s policy of restoring and revitalizing real property located throughout New York state. The legislature further finds that when an environmental remediation project leaves residual contamination at […]

71-3603 – Definitions.

§ 71-3603. Definitions. When used in this title: 1. “Affected local government” shall mean every municipality in which land subject to an environmental easement is located. 2. “Environmental easement” shall mean an interest in real property, created under and subject to the provisions of this title which contains a use restriction and/or a prohibition on […]

71-3605 – Environmental Easements; Certain Common Law Rules Not Applicable.

§ 71-3605. Environmental easements; certain common law rules not applicable. 1. An environmental easement shall be granted by the title owners of the relevant real estate only by an instrument, that complies with the requirements of section 5-703 of the general obligations law. 2. The title owners shall furnish to the department abstracts of title […]

71-3607 – Coordination With Local Governments.

§ 71-3607. Coordination with local governments. 1. Whenever the department is granted an environmental easement, it shall provide each affected local government with a copy of such easement and shall also provide a copy of any documents modifying or terminating such environmental easement. 2. Whenever an affected local government receives an application for a building […]

71-3609 – Scope of This Title.

§ 71-3609. Scope of this title. This title shall not affect any interests or rights in real property which are not environmental easements, and shall not affect the rights of owners to convey any interests in real property which they could now create under existing law without reference to the terms of this title. Nothing […]

71-3611 – Severability.

§ 71-3611. Severability. The provisions of this title shall be severable, and if any clause, sentence, paragraph, subdivision, or part of this title shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the […]