Authorizes the town of Clarkstown to establish community preservation funds and to impose a real estate transfer tax with revenues therefrom to be deposited in the community preservation fund; provides for the repeal of certain provisions upon expiration thereof.
S10276 authorizes the Town of Clarkstown, in Rockland County, to create a community preservation fund and to finance that fund with a local real estate transfer tax. The bill sets out the structure for the fund, including permitted revenue sources, rules for depositing and segregating the money, and limits on how the money may be used. The fund may be used only for community preservation purposes such as open space, parks, farmland preservation, wetlands, aquifer recharge areas, shoreline protection, wildlife habitat, historic preservation, and related greenbelt or land conservation efforts.
The bill also requires the town board to adopt a community preservation project plan, create an advisory board, hold a public hearing before acquisitions, and periodically update the plan. It gives priority to farmland preservation and allows the town to use tools such as fee acquisition, conservation easements, purchase of development rights, and transfer of development rights. The bill further restricts the sale or disposal of land or rights acquired with fund money unless the Legislature authorizes it, and it includes provisions for stewardship, public access, and coordination with land trusts and not-for-profit conservation organizations.
The bill amends the Town Law and the Tax Law to create a special, Clarkstown-specific legal framework for a local community preservation program and a dedicated real estate transfer tax. It authorizes the town to impose a transfer tax of up to three-quarters of one percent on conveyances of real property interests, subject to a mandatory referendum, and requires the revenue to be deposited into the community preservation fund. The bill also establishes detailed tax administration rules, exemptions, credits, confidentiality provisions, enforcement mechanisms, and refund procedures tailored to the town’s local tax.
If enacted, the measure would affect property buyers and sellers in Clarkstown, especially in transactions involving real estate transfers, cooperative housing, and certain development-rights-related conveyances. It would also create new obligations for the town board, town supervisor, county treasurer, recording officer, and advisory board, while limiting how preserved lands and easements may later be sold or repurposed. Section 2 of the bill is temporary and would expire on December 31, 2046.
No committee transcript or recorded vote information was provided, so there is no documented debate or roll-call sentiment to summarize. Based on the bill text, the measure appears to be framed as a local conservation and land-preservation initiative, suggesting generally favorable policy intent toward open space, farmland, and historic preservation. The bill’s structure, including a mandatory referendum, indicates an effort to secure local voter approval for the tax component.
The main potential points of contention are the new local real estate transfer tax and the use of that revenue to fund land acquisition and preservation. Property owners, real estate interests, and taxpayers may object to the added transaction cost, while supporters are likely to emphasize conservation, farmland protection, and community character. Another possible issue is the breadth of the town’s authority to acquire land or development rights and the restrictions on future disposition of preserved property, although the bill addresses this by requiring public hearings, advisory board review, and voter approval through referendum.