Conservation organizations hope change will spur more state land protection
By Gwendolyn Craig
The more than century-old title saga involving an Adirondack Park town and a conservation easement at a state campground may have spurred Gov. Kathy Hochul to add title insurance into her 30-day budget bill amendments last week for state land conservation.
“We’re really happy to see that,” said Julia Goren, interim executive director of the Adirondack Mountain Club.
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New York is the only state in the country that does not accept title insurance. The state Office of the Attorney General requires perfect title for land acquisitions and conservation easements, even if they go back to frontier times.
Why this matters
A COSTLY ENDEAVOR
The tiny town of North Hudson has spent around $50,000 so far on its own title debacle at the Frontier Town Campground and Day Use Area. The 120-year-old title issue is delaying work around a 300-acre conservation easement. READ MORE.
CONSERVATION LAND ACQUISITIONS ON HOLD
Land trust organizations say the process has slowed their ability to conserve more land. They continue to hold over 100,000 acres at a fair market value of over $150 million for the state.
GOVERNOR’S INVOLVEMENT
In the governor’s State of the State agenda revealed in January, she mentioned the need to “streamline” the land acquisition process, including “the use of title insurance to expedite land acquisitions.” But stakeholders eagerly sifted through her proposed executive budget later that month, only to find no mention of title insurance. READ MORE.
Lawmakers at a February budget hearing on environmental conservation asked Sean Mahar, interim commissioner of the state Department of Environmental Conservation, about how title insurance might be included. Mahar had said the DEC was discussing it with the state Attorney General’s Office and language could be included in budget bill amendments. READ MORE.
WHERE WE ARE AT
On Feb. 20, the Hochul administration included title insurance in its budget bill amendments. Under the Transportation, Economic Development and Environmental Conservation bill, it notes “the attorney general may accept a title policy from any title company licensed by the state of New York that names the people of the State of New York as insured for the acquisition of real property.”
Another Adirondack example
ADK is experiencing the state’s current title insurance policy involving its Cascade Welcome Center in the town of North Elba. The state promised ADK a $500,000 grant through the Environmental Protection Fund in 2021 for the welcome center. ADK has yet to see the money. It still has a sign on the front of its building noting the $2.5 million property was purchased using some EPF funds.
First there were delays involving an easement with the state Office of Parks, Recreation and Historic Preservation. Now that those are resolved, the title review process is delaying the state funding. It has taken over 6 months, Goren said.
Should the budget bill amendment make it into the final state budget, it probably won’t help ADK and its welcome center, Goren said. But she hopes it will help all the land trusts be reimbursed and continue protecting more lands on behalf of the state.
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A final state budget is due April 1.
Top photo: Frontiertown campground gate. Photo by Melissa Hart
Editor’s note: The headine and beginning of the story have been updated to clarify that the budget bill amendment applies to title insurance involving state land conservation projects.
Thanks, Gwen. As I understand it, the Office of Attorney General could accept marketable title insurance as adequate defense of title to conservation projects, but chooses not to. Hopeful, along with every land trust in NYS, that the budget language explicitly encouraging its use will move forward and pass as of April 1.
Just to be clear, you are referring exclusively to title insurance on state-owned lands, correct? My wife and I are private homeowners within the Adirondack Park, and we have (legal and valid) title insurance on our home/property. A clarification would help clear up any confusion. THANKS!
Hi Bobby, thanks for pointing out the confusion. We have clarified it is for state conservation projects.