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![handle is hein.nyattgen/nysag0105 and id is 1 raw text is: OPINIONS
OF THE NEW YORK STATE
ATTORNEY GENERAL
Opn. No. F 90-1
NY CONST, ART XIV, §§1, 3(1) and (2); ENVIRONMENTAL CONSERVATION
LAW, §§9-0101(6)(c), 9-0501(1), 9-0507; L 1989, Ch 338; L 1983, Ch 56.
Temporary conveyance by the State to the New York State Urban
Development Corporation of reforestation lands located within a forest
preserve county in order to facilitate financing, construction and oper-
ation of a State correctional facility violates Article XIV, §3(1) of the
New York Constitution and Environmental Conservation Law, §9.
0501(1) because construction and operation of the correctional facility
is not a compatible use of reforestation lands.
Your counsel raises the issue whether temporary conveyance by
the State of approximately 50 acres of reforestation land, located in
the Town of Brasher, St. Lawrence County, to the New York State
Urban Development Corporation (the UDC) to facilitate con-
struction and operation by the State of an alcohol and substance
abuse treatment correctional annex, pursuant to L 1983, ch 56, as
amended (the Prison Construction Act), would violate provisions
of Article XIV, §3(1) of the NY Constitution or Environmental
Conservation Law, §9-0501(1).
The subject parcel is located in a forest preserve county but, as
reforestation land, is not part of the forest preserve (ECL, §§9-
0101[6][c], 9-0501l]).
Article XIV, §3(1) of the New York Constitution applies to refor-
estation land, including reforestation lands within the forest pre-
serve counties, and provides, in pertinent part, as follows:](ViewImageLocal?handle=hein.nyattgen/nysag0105&div=1&collection=&method=preview&ext=.png&size=3)