Ethan Riley
In 2017, New York State voters rejected the New York Land Bank Proposition, also known as Proposal 3 or the Forest Preserve Land Bank Amendment. The proposition sought to amend Section 1 to allow timbering on state lands. However, it faced opposition due to concerns about its lack of specificity, potential pipeline creation, and the belief that it prioritized special interests over its stated focus on broadband and bike paths for rural areas. Despite endorsements from environmental agencies and local government groups, the proposal was rejected by voters with 69% opposed and only 31% in favor. New York's first land banks were established in 2012, and there are currently 30-31 land banks across the state, working to address vacant and abandoned properties and promote community development.
| Characteristics | Values |
|---|---|
| Proposal Name | New York Proposal 3, Forest Preserve Land Bank Amendment |
| Year | 2017 |
| Voting Outcome | Rejected by voters |
| Voting Outcome Percentage | 69% against, 31% for |
| Purpose | To amend Section 1 to allow timbering on state lands |
| Opposition Arguments | Not specific enough about land bank usage; does not prohibit interstate pipelines; could be used to create a pipeline; distracts voters with mentions of broadband and bike paths |
| Number of Land Banks in New York | 31 |
| First Land Banks Established | 2012 |
| Authorizing Legislation | Article 16 of the New York State Not-for-Profit Corporation Law |
| Authorizing Legislation Signed | July 2011 |
| Land Bank Act | Passed in 2012 |
| Land Bank Association Members | 30 |
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What You'll Learn
The 2017 New York Proposal 3, Forest Preserve Land Bank Amendment
On November 7, 2017, New York Proposal 3, the Forest Preserve Land Bank Amendment, was on the ballot in New York as a legislatively referred constitutional amendment. The proposal was approved by voters, with 1,619,228 votes for and 1,497,501 against it.
The amendment created a forest preserve land bank of 250 acres for qualifying local projects. The land bank was named the Health and Safety Land Account by the amendment. Before local governments could request acres in the land bank, the proposal required the state to acquire 250 new acres to include in the Forest Preserve. The proposal also allowed municipalities to request the use of acres in the land bank to address bridge and road hazards, water wells to meet drinking water standards, and stabilize public utility lines.
The proposal required governments to demonstrate that no viable alternatives existed to using state Forest Preserve land for the proposed projects. Projects were required to minimize the removal of trees and vegetation and restore pre-project environmental conditions as much as possible. The amendment prohibited the construction of any new intrastate gas or oil pipelines that were not approved at the state and local levels before June 1, 2016.
Opponents of the proposal argued that it was not specific enough about the use of the land bank. While it prohibited intrastate pipelines, it did not prohibit interstate pipelines, potentially allowing the land to be used for pipeline creation. They also argued that the proposal was misleading voters by focusing on broadband and bike paths for rural towns, when it was actually about serving special interests.
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The 2012 New York Land Bank Act
New York's first land banks were established in 2012, following the passage of the New York Land Bank Act. The Act allows foreclosing governmental units to form land banks to address the issue of vacant and abandoned properties. These land banks are local public authorities responsible for acquiring, stabilising, assembling, and facilitating the redevelopment of blighted and abandoned properties, with the goal of returning them to productive use.
The New York State Land Bank Program permits municipalities to apply for and create land banks in their communities. This program was established pursuant to Article 16 of the New York State Not-for-Profit Corporation Law, which was signed into law in July 2011. This law authorises the creation of 35 land banks across New York State. The primary focus of land bank operations is to acquire tax delinquent, tax foreclosed, vacant, or abandoned real property and to use the tools and resources available to transform these neglected properties into community assets.
The New York Land Bank Association, which represents 30 member land banks across the state, has recognised the significant growth and positive impact of land banks. In their report, "A Decade of Progress: Celebrating 10 Years of Land Banks in New York," they highlight the evolution of the land bank program from a group of novel organisations to one of the state's most effective tools for reclaiming vacant and abandoned properties. The success of the program has been attributed to the collaboration between the Governor, State Legislature, and local communities, with a shared goal of revitalising neglected areas and improving the quality of life for residents.
The establishment of land banks in New York has been a successful strategy in addressing the challenges posed by vacant and abandoned properties. By facilitating the redevelopment and productive use of these properties, land banks have not only improved the lives of local residents but also contributed to the growth of local communities. With continued support and funding, the New York Land Bank Program is expected to make further progress in the coming years, solidifying its position as one of the most active and effective land bank networks in the United States.
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The 2017 vote
In 2017, the New York State Legislature proposed an amendment to the "Forever Wild" clause of the State Constitution. The amendment sought to create a land bank to improve public safety and telecommunications in the Adirondack and Catskill parks. The land bank would also allow certain infrastructure developments, such as the installation of broadband telecommunications along existing roads that cross "forever wild" state Forest Preserve lands.
The proposed amendment was complicated and stakeholders agreed that the enabling legislation should pass at the same time as the second legislative approval of the amendment. This was thought to increase voter confidence by showing voters exactly how the land bank would work before they gave their permission for it.
The amendment proposed a 250-acre land bank, modelled on a similar 400-acre land bank that New York voters approved in 1957 for realigning state highways. The 250 acres would be used to straighten or realign town and county roads for safety purposes when roads cross "forever wild" Forest Preserve lands in the Adirondack or Catskill Parks. Before any land could be removed from the bank, all 250 acres would first have to be replaced in the Forest Preserve by the purchase of additional lands.
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The 2013 Proposal 4
New York's first land banks were established in 2012, pursuant to the passage of the New York Land Bank Act. The Act allows foreclosing governmental units to form land banks, which are local public authorities designed to acquire, stabilize, assemble, and facilitate the redevelopment of blighted and abandoned properties. The primary focus of land bank operations is the acquisition of real property that is tax delinquent, tax foreclosed, vacant, and/or abandoned, and to use the tools of the program to eliminate the harms and liabilities caused by such properties.
The New York Land Bank Association represents 30 member land banks across the state, and in 2022, issued a report highlighting the remarkable growth and impact that land banks have had throughout the state. The report, titled "A Decade of Progress: Celebrating 10 Years of Land Banks in New York", details the rise of New York's land bank program and its success as one of the state's most effective tools for reclaiming vacant and abandoned properties.
In 2013, the NY State Assembly introduced Bill 2013-A4373, which established the town of Brookhaven Land Bank and Commission for the purposes of acquiring, holding, and managing land interests. The commission was given the power to purchase and acquire fee simple interests in any land in the town of Brookhaven, accept gifts of any such interests in land or funds, and take any such interests in land by eminent domain. The town of Brookhaven was authorized to appropriate money to be deposited in the land bank fund and to provide funds to repay notes of the town. The land bank was also empowered to issue bonds and notes for the purpose of acquiring land and interests in land.
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The 2013 Proposal 5
Proposal 5 authorized the state legislature to conduct a land exchange with NYCO Minerals Inc. in the Adirondack Forest Preserve. NYCO Minerals provided $1 million for new acres in exchange for 200 acres to expand its mining operation. The land was estimated to be worth a minimum of $1 million, mandating an exchange of 1,500 acres for the 200 acres received. This was the first swap of public forest land for a private interest.
Before the passage of Proposal 5, the state constitution forbade the lease, sale, exchange, or taking of any forest preserve land. The proposal's supporters raised $653,268, with NYCO Minerals Inc. and Behan Communications as the sole contributors.
Critics of the proposal argued that it was solely for the private commercial gain of a local mining company and that it would set a precedent for removing pieces of the forest preserve due to their mineral value. They also questioned the ecology of the lot, noting that it was an extremely rich site with old-growth hardwood forest, the kind of ecologically significant site that should be protected at all costs.
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Frequently asked questions
New York's first land banks were established in 2012, following the passage of the New York Land Bank Act. The Act allows local governments to form land banks to acquire and redevelop abandoned properties. There are now 31 land banks across the state.
The New York State Land Bank Program permits municipalities to apply for and create land banks in their communities. The program's primary focus is to acquire tax delinquent, vacant, and abandoned properties to eliminate the harms and liabilities caused by such properties.
The Land Bank Proposition is a legislative move driven by citizens of the Adirondack and Catskill Parks. It aims to streamline the approval process for projects like power line enhancements, broadband installation, and the creation of bike lanes by localizing the decision-making. The proposition would allow for a land bank of 250 acres total from the Catskill and Adirondack Parks.
