Property Rights Foundation of America®

Government Control of Private Land in New York State

New information added in February 22, 2012

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Updates and News Briefs

"Assemblyman Prentiss Introduces Bill to Protect Property Owners from Stealth Rules" - PRFA, Summer 2004
A bill called "The Homeowner's Detrimental Reliance Act" (A. 10445) introduced into the New York State Legislature would protect building permit applicants from being hit with citations from state and federal agencies that they never heard about after they complied with a local building permit.

"1986 Federal Great Lakes Water Resources Development Act Hits Queensbury Sewer Plan"
-Carol W. LaGrasse
(PRFA, May 5, 2004)

 See Also
See Also

APA (Adirondack Park Agency)

Biosphere Reserves and World Heritage Sites

Long Island Pine Barrens

Endangered Species - New York

Heritage Rivers and Areas

New York City Watershed

Obstruction of Gravel Mining - New York

Smart Growth and Urban Sprawl

Wetlands Policy - National

Defeating Zoning and Building Codes - New York

Essential Books & Publications
Essential Books
& Publications

(For further description of PRFA publications, see
Publication Order Form.)

The Property Owner's Experience-New York's Arbitrary and Excessive Environmental Regulation of Private Land and Resources, PRFA, 1998
Publication Order Form

Positions on Property: From 1994 through 2000, PRFA analyzed and exposed land-use controls, pre-zoning, and acquisition plans in New York State; the capacity for environmental goals to control land without limitation; the National Park Service's land-use controls and acquisition agendas; UNESCO Biosphere Reserves; the power of the land trusts; the Farmer's Home Administration locking up land which could be used for agriculture; the land acquisition methods of the U. S. Forest Service in New York's Finger Lakes; the Forest Legacy and Northern Forest Lands program; the National and American Heritage Areas; American Heritage Rivers Initiative; Zoning and Building Codes; and Conservation Easements.
Publication Order Form

  
 

In-Depth Information

  • New York State Department of Environmental Conservation letter to US Fish and Wildlife Service, June 30, 2011 - By Christopher A. Amato, Assistant Commissioner (8 pp. letter of the 110 pp. commentary and technical information transmitted to comment on "Proposed Rule to Revise the List of Endangered and Threatened Wildlife for the Gray Wolf (Canis lupus) in the eastern United States, Initiation of Status Reviews for the Gray Wolf and Eastern Wolf (Canis lycaon)"
    This letter argues against the US FWS proposed rule change involving reclassification of the wolves in the Northeast, and warns that "the new National Wolf Strategy…would leave wolves in the Northeast without any federal protection and essentially abandon the possibility of wolf recovery in the Northeast."
  • James E. Morgan"Conservation Easements and TDR's: Fifth Amendment Takings through Zoning" - By James E. Morgan, Esq., Principal, Galvin and Morgan, Counselors at Law, Delmar, N.Y.; Twelfth Annual National Conference on Private Property Rights (PRFA, Albany, N.Y., October 18, 2008)
    Transferable development rights, or TDR's, are recognized as a way of compensating property owners when the government takes property rights. But the state valued the TDR's in the Long Island Pine Barrens at a fraction of the fair value, rather than take the property by eminent domain, which would have given the property owners more rights. We are going back to a day when property owners are becoming like feudal serfs rather than property owners. Be prepared to fight for the long-term.
  • Carol W. LaGrasse"Unbridled Radical Preservation" - By Carol W. LaGrasse (Reprinted from New York Property Rights Clearinghouse, Vol. 11, No. 2, Spring 2007)
    New York State Department of Environmental Conservation, known as DEC, has (with the State parks office) finalized its new Open Space Conservation Plan, dated November 2006, but available only during spring 2007. The plan reveals that the State currently owns 4,327,000 acres in fee simple plus 731,000 acres in conservation easements to save "open space," or a total of 5,058,ooo acres. All government "open space" land ownership in New York, in both fee simple and conservation easements, totals 5,486,500 acres. In 424 pages plus nine appendices, the plan describes the means of government ownership and control to preserve open space and the countless new goals to acquire and control more land.
  • "Gov. Pataki Vetoes Misleadingly named 'Canned Shoot' Bill"
    Upon the protests of upstate legislators, the farming community, and property rights activists, a bill to severely restrict game farming that was passed in June on the last days of the sessions of each house of the legislature, was vetoed by the Governor in August.
  • "Laws cost proprietors their livelihood — DEC liens for fuel-tank-leak cleanup costs putting some out of business" — By Thom Randall
    (Post Star, Glens Falls, N.Y., August 1, 2002, page 1, reprinted by permission)
    After a only ten telephone calls, Post-Star reporter Thom Randall discovered five general stores in the lower Adirondacks facing DEC-imposed fuel leak cleanup costs of between $191,000 and $550,000, whether or not the current owners caused the pollution. Four of the five general stores with DEC liens, in Hadley, Starbuckville, Johnsburg, Wevertown, and Olmstedville, are closed. The State seized both the store and home of the storekeeper in Starbuckville, and the devastated owner died of a heart attack a few years later.
  • "Pataki's Good-bye Kiss," - by Carol W. LaGrasse, Op Ed (Jan. 1998), Published with title "As time goes on, governor grows more 'green'," in Capitol District Business Review (Albany, Jan. 19, 1998), and other papers in New York State and elsewhere.
  • "The Government Squeeze on Private Property-The Stone Age of Government" - Carol W. LaGrasse, excerpted from Positions on Property, Vol. 1, No. 1 (PRFA, March 1994).
    This publication exposed in one place for the first time the multitude of overlapping environmental land-use controls and acquisition plans that are being put in place in New York State. Before PRFA began publishing Positions on Property, the multitude of pre-zoning and pre-acquisition land designations was largely overlooked.

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