* § 491. Conservation easement agreement exemption; certain towns. 1.\nApplicability. A town having a population of not less than twenty-seven\nthousand six hundred and not more than twenty-seven thousand seven\nhundred that is located in a county having a population of not less than\nnine hundred fifty thousand and not more than nine hundred fifty-one\nthousand, based upon the latest decennial federal census, is hereby\nauthorized to adopt a local law to provide that real property whose\ninterests or rights have been acquired for the purpose of the\npreservation of an open space or an open area, as authorized in section\ntwo hundred forty-seven of the general municipal law, may be partially\nexempt from local real property taxation, provided that the owner or\nowners of such real property enter into a conservation easement\nagreement with the municipality in accordance with the procedures\nspecified in subdivision three of this section. A county having a\npopulation of not less than nine hundred fifty thousand and not more\nthan nine hundred fifty-one thousand, based upon the latest decennial\nfederal census may, by local law, and any school district, all or part\nof which is located in a town having a population of not less than\ntwenty-seven thousand six hundred and not more than twenty-seven\nthousand seven hundred that is located in a county having a population\nof not less than nine hundred fifty thousand and not more than nine\nhundred fifty-one thousand, may, by resolution, exempt such property\nfrom its taxation in the same manner and to the same extent as such town\nhas done.\n 2. Definitions. For the purpose of this section, the following terms\nshall have the following meanings: "open space" or "open area" means any\nspace or area characterized by natural scenic beauty or whose existing\nopenness, natural condition or present state of use, if retained, would\nenhance the present or potential value of abutting or surrounding urban\ndevelopment or would maintain or enhance the conservation of natural or\nscenic resources. For the purposes of this definition, "natural\nresources" shall include, but not be limited to, agricultural lands\ndefined as open lands actually used in bona fide agricultural\nproduction.\n 3. Procedures for obtaining a conservation easement agreement. (a) Any\nowner or owners of land may submit a proposal to the town board of a\ntown having a population of not less than twenty-seven thousand six\nhundred and not more than twenty-seven thousand seven hundred that is\nlocated in a county having a population of not less than nine hundred\nfifty thousand and not more than nine hundred fifty-one thousand, based\nupon the latest decennial federal census, for the granting of interest\nor rights in real property for the preservation of open space or areas.\nSuch proposal shall be submitted in such a manner and form as may be\nprescribed by the conservation board of such town.\n (b) Upon receipt of such proposal, the town board shall convey the\nproposal to the conservation board of such town. Such conservation board\nshall investigate the area to determine if the proposal would be of\nbenefit to the people of the town and may negotiate the terms and\nconditions of the offer. If the conservation board determines that it is\nin the public interest to accept such proposal, it shall recommend to\nthe town board that it hold a public hearing for the purpose of\ndetermining whether or not the town should accept such proposal.\n (c) The town board shall, within thirty days of receipt of such\nadvisory opinion, hold a public hearing concerning such proposal at a\nplace within the town. At least ten days notice of the time and place of\nsuch hearing shall be published in a paper of general circulation in\nsuch town, and a written notice of such proposal shall be given to all\nadjacent property owners and to any municipality whose boundaries are\nwithin five hundred feet of the boundaries of said proposed are
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