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On Nov. 10, 2025, the New York State Department of Environmental Conservation (DEC) and the New York State Office of the Attorney General (OAG) entered into a memorandum of agreement (MOA) to streamline the land acquisition process in New York. This blog post provides background information regarding the existing land acquisition process and discusses the MOA.
In New York, the Open Space Conservation Plan guides the investment of land protection funds from the Environmental Protection Fund (EPF) – a fund created during the State budget process. The State supports the national goal of conserving 30% of United States' lands and waters by 2030, in collaboration with a group of partners and stakeholders.1 Land acquisition activities are undertaken using funding from multiple sources, such as the EPF, the Natural Resources Damage Fund, Clean Water/Clean Air Bond Act, Court of Claims cost recovery, Pittman-Robertson Act Funds and Federal Forest Legacy Funds. Most recently, New Yorkers voted on a ballot initiative that included that not less than $300 million from the Clean Water, Clean Air, and Green Jobs Environmental Bond Act of 2022 will be used for open space land conservation projects.
Given the money and resources the State has invested in its land acquisition goals, the Governor and AG have determined through the MOA that they must now enable a more expedited and efficient land conservation process.
The land acquisition process in New York is directed by statute and involves state agencies, the OAG, and often land trusts that are community-based, nonprofit organizations that work to conserve land by acquiring land or conservation easements from willing landowners. Pursuant to ECL § 3-0305(1) "no real property shall be so acquired by purchase unless the title thereto is approved by the attorney general." The complicated nature of land acquisition has been a topic of interest for the State Executive agencies and Legislature over the last couple of years, with various bills being introduced and discussions with interested parties on solutions to make the process more efficient.
As part of her 2025 State of the State address, Gov. Hochul announced several initiatives to make open space accessible for all, including modernizing the use of title insurance to expedite and streamline land acquisitions, granting DEC the authority to independently acquire conservation easements, and reducing the financial hurdles non-profit organizations face in their land conservation effort. While some advocates anticipated an Article VII budget bill to address the issue of land acquisitions, the Executive did not include any proposals in the enacted 2025 budget to address the issue of using title insurance. The MOA is intended to fulfill this policy initiative.
The MOA does not change the statutory requirements for land acquisition, but instead outlines a process between DEC and OAG to move certain types of projects more quickly. For example, high-priority projects, transactions with minor title defects, and low-risk2 transactions will be subject to an expedited process. Specifically, for transactions with minor title defects that are low-risk, DEC is authorized under the MOA to provide the OAG with a title insurance policy provided by a New York State certified commercial insurer that provides satisfactory coverage for the title defect(s). Typically, the OAG has required marketable title for the transfer of real property in the State; however, this will permit the use of insurable title, which OAG has made a point to advise DEC of the potential risks.
While nothing in state law prohibited the use of insurable title, the DEC and OAG did not typically use it. The MOA references third-party guidance and states that "[i]n any instances where title insurance is to be utilized, DEC shall require that the title insurance company conduct a review that meets all standards outlined in the 'New York State Bar Association Real Property Law Section Committee on Title and Transfer Standards For Title Examination.' Additionally, the title insurance company will refer to 'General Guidance for Real Property Bureau's Title Review Practice and Common Title Objections' developed by the OAG to provide guidance for the title insurance company's title review standards." The MOA also provides the OAG the option to decline the use of title insurance, with a written explanation and an "appeals process."
In sum, the MOA has the potential to expedite the achievement of the State's land conservation goals and may increase process efficiencies.
Footnotes
1 ECL § 49-0113.
2 Acquisition of less than a fee interest, such as public fishing rights easements, donations, landlocked parcels, fee acquisitions of small projects, and acquisitions of open space are low-risk projects pursuant to the MOA.
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