Efforts to preserve open space and protect water quality across New York State are being delayed by a bureaucratic bottleneck that has left more than $100 million worth of conservation land in limbo. Conservation groups like the Finger Lakes Land Trust say the state’s rigid approach to property title review, combined with staffing shortages, has slowed acquisitions, jeopardizing key environmental goals.
The Finger Lakes Land Trust and other organizations are currently holding thousands of acres of woodlands, wetlands, and other sensitive areas intended for public ownership. The backlog is attributed in part to the state attorney general’s insistence on “perfect title”—a legal standard requiring an unblemished record of ownership—without the use of title insurance, a common tool in private real estate transactions.
“The system is broken,” Andy Zepp, president of the Finger Lakes Land Trust, told lawmakers in recent budget testimony. “New York land trusts are holding more than 100,000 acres of land valued at over $150 million, awaiting transfer to the state.”
State environmental officials acknowledge the issue. In 2023, New York acquired just 3,800 acres for conservation, a fraction of past years. By contrast, in 2007, the state purchased over 283,000 acres. The delays could complicate New York’s goal of conserving 30% of its lands and waters by 2030—a target requiring the protection of about 3 million additional acres in the next five years.
Bureaucratic Barriers
Land conservation advocates say the state’s acquisition process has become increasingly burdensome, with property title investigations stretching back over a century in some cases. Private real estate transactions typically involve a 40-year title search and title insurance to cover potential ownership disputes. However, the state requires exhaustive historical research and refuses to purchase insurance, forcing local governments and nonprofits to conduct extensive and costly legal reviews.
A case in the Adirondacks highlights the problem. The town of North Hudson has spent about $50,000 and contacted 19 heirs—some as far as Florida and Nevada—to address a title dispute on land intended for a state conservation easement.
“It’s practically impossible to have a perfect title,” said Catherine Canino, president of the New York State Land Title Association. “A title with not a single lien, not a single overlap, not a single problem is rare.”
Calls for Reform
Gov. Kathy Hochul’s recent State of the State agenda suggested reforms, including the potential use of title insurance to speed up land acquisitions. However, her proposed $252 billion executive budget did not include concrete policy changes.
“We are in active conversations with the Office of the Attorney General right now,” said Sean Mahar, acting commissioner of the state Department of Environmental Conservation, during a recent legislative hearing. “If we are unable to reach some agreement and consensus … we will be coming back to discuss additional legislation.”
Advocates are urging lawmakers to include title insurance in the Assembly and Senate one-house budgets if the governor does not amend her proposal.
Meanwhile, conservation groups warn that without action, the state’s land acquisition program will remain mired in red tape, delaying critical efforts to protect drinking water sources, prevent flooding, and preserve open space for future generations.
“All New Yorkers benefit from clean water, healthy foods, and access to outdoor spaces,” Zepp said. “We urgently need a solution.”
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