Township 40 land dispute solution advances
Adirondack Daily Enterprise
June 13, 2013
ALBANY - The state Senate on Wednesday gave second passage to a proposed constitutional amendment that would settle a century-old title dispute in Raquette Lake.
The amendment, which is pending in the Assembly, would resolve competing claims of title between the state and private parties in Township 40, Totten and Crossfield Purchase, in the town of Long Lake.
If the Assembly approves the amendment, it would go before voters on the statewide ballot this November.
Numerous groups are in support, including the Adirondack Council, Adirondack Wild, the Hamilton County Board of Supervisors, the Inter-county Legislative Committee of the Adirondacks and the Adirondack Mountain Club.
"Settling the claims is in the state's and property owners' best interests," Sen. Betty Little said in a press release. "Continuing down the path of litigation would cost all of the parties more time and money. No one can argue that that route hasn't been tried enough.
"The result of this amendment and subsequent implementation legislation being adopted will be better recreational access in the Adirondack Park and property owners finally being able to put this protracted ordeal behind them."
Lawsuits over this matter has resulted in a mix of court decisions: some favorable to the state and some favorable to private property owners. However, litigation over Township 40 title is extremely complex and time-consuming because there are 50 intermingled chains of title in Township 40 and it is difficult to develop proof on what may or may not have happened more than 100 years ago, prior to the state's acquisition of its chain of title.
Separate legislation will need to follow establishing the process of resolving title claims. Provisions of that legislation would list the more than 200 parcels of land in Township 40 in Raquette Lake, allow those with disputed titles to opt in or opt out of the settlement process, and require a payment from occupants which would be used toward purchase of replacement land of greater benefit, to be added to the Adirondack Park.
