conservation easement as part of a 2 2 million dec fine for a large fish kill
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CONSERVATION EASEMENT AS PART OF A $2.2 MILLION DEC FINE FOR A LARGE FISH KILL

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CONSERVATION EASEMENT AS PART OF A $2.2 MILLION DEC FINE FOR A LARGE FISH KILL. Result of Lagoon Breach 3,000,000 gallons spilled into the Black River 250,000+ fish killed Strongly scented tide moved through Watertown Water supplies shut down River activities shut down. NYS DEC Actions.

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Presentation Transcript
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Result of Lagoon Breach3,000,000 gallons spilled into the Black River250,000+ fish killedStrongly scented tide moved through WatertownWater supplies shut downRiver activities shut down
nys dec actions

NYS DEC Actions

$2.2 Million Fine for Fish Kill

(250,000 x $10 = $2.2 Million±)

$1.5 Million = Environmental Contribution

$700,000 = Cash or Equivalent

environmental contributions
Environmental Contributions
  • $180,000 = Fishing Rights, Parking Areas and Paths to Black River
  • $1,320,000 = Development Rights
development rights
Development Rights
  • Lowville Area, Lewis County
  • Parent Property = 3,269.98 Ac.
  • Flood Plain included 602.90 Ac.
  • Base Acres for CE = 2,667.08 Ac.
  • Assumed NYS FPP Requirements
    • Land Valuation Only
    • Standard NYS FPP Ag CE Terms
before appraisal
Before Appraisal
  • Market Study
    • Frequency of Residential Land Sales
    • Size Ranges of Sales
    • Price Ranges for Size Ranges
    • Patterns of Land Purchases
    • Potential for Interior Subdivisions
before appraisal hbu
Before Appraisal - HBU
  • Multiple Economic Units / Lots (81)
  • Size Mix Similar to Results of Market Study
  • All Roadfront Lots (no interior roads or utilities)
  • Considered Amenities
before appraisal valuation
Before Appraisal - Valuation
  • Appraised All EUs as Individual Lots
  • Gross Value
  • Discounts for Subdivision, Marketing
    • Used Market Study As Basis
  • Net Value of Land
after appraisal
After Appraisal
  • Appraised Property as Single EU
  • 2,667.08-Ac. Tract of Farmland
    • Devoid of Development Rights
    • Ag-Related Development Permitted
  • Used Sales Approach
  • Surveys of CEs and ACEs
  • ICA – Ag Values of Soils + Other Retained Rights
value of development rights
Value of Development Rights
  • Difference of Before and After Appraisals
  • Total Difference > $1,320,000
  • Acreage for AgCE Withdrawn Based on Owner’s Priority
    • Locations to Retain Development Rights
    • Deducted Difference of:
      • Discounted Value of EUs
      • Ag “After” Land Value
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