New York S 5086: Authorizes a victim of domestic violence to apply to remove the violent felony offender from deed of co-owned real property

Bill Text

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S05086 Summary:

BILL NOS05086 

&nbsp

SAME ASSAME AS A03830

&nbsp

SPONSORSEPULVEDA

&nbsp

COSPNSRFERNANDEZ

&nbsp

MLTSPNSR

&nbsp

Rpld §§204 & 215, amd Ab Prop L, generally

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Requires abandoned property escheat to the Indian nation or tribe that historically occupied the land or to the nearest nation or tribe; establishes such land shall be tribal land.

Go to top S05086 Actions:

BILL NOS05086 

&nbsp

02/18/2025REFERRED TO FINANCE

01/07/2026REFERRED TO FINANCE

Go to topS05086 Committee&nbspVotes:

Go to topS05086 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS05086 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5086

 2025-2026 Regular Sessions

 IN SENATE

 February 18, 2025
 ___________

 Introduced by Sens. SEPULVEDA, FERNANDEZ -- read twice and ordered
 printed, and when printed to be committed to the Committee on Finance

 AN ACT to amend the abandoned property law, in relation to requiring
 abandoned property escheat to the Indian nation or tribe that histor-
 ically occupied the land or to nearest nation or tribe; and to repeal
 certain provisions of such law relating thereto

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Section 200 of the abandoned property law is amended to
 2 read as follows:
 3 § 200. Escheated lands. All lands the title of which shall fail from
 4 a defect of heirs, shall revert, or escheat, to the [people] Indian
 5 nation or tribe who historically occupied the property or if no such
 6 tribe or nation currently exists, to the nearest extant Indian nation or
 7 tribe. Such land shall be tribal land under the laws of the state.
 8 § 2. Section 201 of the abandoned property law, as amended by chapter
 9 310 of the laws of 1962, is amended to read as follows:
 10 § 201. Action for recovery of property. Whenever the attorney-general
 11 has good reason to believe that the title to, or right of possession of,
 12 any real property has vested in [the people of the state] an Indian
 13 nation or tribe by escheat whether from defect of heirs, alienage or
 14 otherwise, [or by conviction or outlawry for treason as provided in
 15 section eight hundred nineteen of the code of criminal procedure, he]
 16 the attorney general may commence an action to recover the property.
 17 § 3. Section 202 of the abandoned property law, as amended by chapter
 18 314 of the laws of 1962, is amended to read as follows:
 19 § 202. Parties to action. There may be made parties to such action,
 20 all persons who would have, might have or might claim to have any inter-
 21 est in or lien upon the premises so escheated or forfeited, at the time
 22 of such escheat or forfeiture, and all persons in possession of such
 23 real property. Where the names of the defendants are unknown, they may
 24 be designated as "unknown defendants." The provisions of law applicable
 25 to actions to recover real property shall apply to such actions, except
 26 that service of the summons shall not be deemed to be complete until,

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD05103-01-5

 S. 5086 2

 1 pursuant to an order of the court, the summons together with a notice
 2 directed to the defendants setting forth the object of the action, a
 3 brief description of the land affected, the source and manner in and by
 4 which it is alleged that said real property shall have escheated or
 5 forfeited to [the people] an Indian nation or tribe, and the name or
 6 names of person or persons whose title or interest shall have so
 7 escheated or have been forfeited, shall have been published once in each
 8 week for four successive weeks in two newspapers designated in the order
 9 for such publication as most likely to give notice to the defendants to
 10 be served.
 11 § 4. Section 203 of the abandoned property law, as added by chapter
 12 760 of the laws of 1944, is amended to read as follows:
 13 § 203. Effect of judgment in favor of [people] an Indian nation or
 14 tribe. A final judgment in favor of [the people] an Indian nation or
 15 tribe in an action authorized as set forth in section two hundred one of
 16 this article is concl