NY State Senate Bill 2013-S5130

Senate Bill S5130

2013-2014 Legislative Session

Provides for the protection of parkland by certified actions brought by the attorney general

download bill text pdf

Archive: Last Bill Status - In Senate Committee Local Government Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2014	referred to local government
May 10, 2013	referred to local government

2013-S5130 (ACTIVE) - Details

Current Committee:: Senate Local Government
Law Section:: General Municipal Law
Laws Affected:: Add Art 19-C §995, Gen Muni L
Versions Introduced in 2011-2012 Legislative Session:: S6495

2013-S5130 (ACTIVE) - Summary

Provides for the protection of parkland by certified actions brought by the attorney general.

2013-S5130 (ACTIVE) - Sponsor Memo

2013-S5130 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5130

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 10, 2013
                               ___________

Introduced  by  Sen. MARTINS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government

AN ACT to amend the general  municipal  law,  in  relation  to  parkland
  protection

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general municipal law is amended by adding a new  arti-
cle 19-C to read as follows:
                              ARTICLE 19-C
                           PARKLAND PROTECTION
SECTION 995. CERTIFIED ACTIONS FOR PARKLAND PROTECTION.
  S  995.    CERTIFIED ACTIONS FOR PARKLAND PROTECTION. A.  THE ATTORNEY
GENERAL OF THE STATE OF NEW YORK MAY BRING AN ACTION, IN THE NAME OF THE
PEOPLE OF THE STATE OF NEW  YORK,  TO  PROTECT  A  PARCEL  OF  PROPERTY,
LOCATED WITHIN ANY CITY, TOWN, VILLAGE OR COUNTY OF THE STATE, WHICH HAS
PREVIOUSLY  BEEN DEDICATED AS PARKLAND, TO ENJOIN THE ALIENATION OR NON-
PARKLAND USE OF SUCH PARCEL, ON GROUNDS THAT THE ALIENATION USE WAS  NOT
SOUGHT  IN  CONFORMANCE  WITH  THE  REQUIREMENTS OF ALIENATION UNDER THE
PUBLIC TRUST DOCTRINE AS EXPRESSED IN THE CONSTITUTION OF THE  STATE  OF
NEW  YORK, OR THAT THE USE OF SUCH PARCEL WOULD BE FOR A PURPOSE THAT IS
INCONSISTENT WITH THE DEDICATION OF SUCH PARCEL FOR PARKLAND PURPOSES.
  B. ANY ACTION BROUGHT TO ENJOIN THE ALIENATION OR NON-PARKLAND USE  OF
A  PARCEL  OF PROPERTY, WHICH HAS BEEN PREVIOUSLY DEDICATED AS PARKLAND,
ON THE GROUNDS THAT SUCH ALIENATION WAS NOT SOUGHT IN  CONFORMANCE  WITH
REQUIREMENTS  OF ALIENATION UNDER THE PUBLIC TRUST DOCTRINE, OR THAT THE
USE OF SUCH PARCEL WOULD BE FOR A PURPOSE THAT IS INCONSISTENT WITH  THE
DEDICATION  OF  SUCH  PARCEL FOR PARKLAND PURPOSES SHALL BE COMMENCED IN
THE SUPREME COURT IN THE COUNTY IN WHICH THE PARCEL IS SITUATED.
  C. IF THE ATTORNEY GENERAL DOES NOT BRING AN ACTION UNDER  SUBDIVISION
A OF THIS SECTION, THEN THE ATTORNEY GENERAL MAY AUTHORIZE AN INDIVIDUAL
PARTY  WHO  IS  A RESIDENT OF THE CITY, TOWN, VILLAGE OR COUNTY IN WHICH

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10795-01-3

S. 5130                             2

THE PARKLAND PARCEL IS LOCATED, TO BRING AN ACTION, IN HIS  OR  HER  OWN
NAME TO ENJOIN THE ALIENATION OR NON-PARKLAND USE OF SUCH PARCEL, ON THE
GROUNDS  THAT  THE  ALIENATION  WAS  NOT  SOUGHT IN CONFORMANCE WITH THE
REQUIREMENTS  OF ALIENATION UNDER THE PUBLIC TRUST DOCTRINE AS EXPRESSED
IN THE CONSTITUTION OF THE STATE OF NEW YORK, OR THAT THE  USE  OF  SUCH
PARCEL  WOULD  BE FOR A PURPOSE THAT IS INCONSISTENT WITH THE DEDICATION
OF SUCH PARCEL FOR PARKLAND PURPOSES. THE ATTORNEY GENERAL MAY, IN WRIT-
ING, EXPRESSLY DENY THE AUTHORITY OF SUCH REQUESTING PARTY TO BRING SUCH
AN ACTION TO PROTECT SUCH PARCEL OF PARKLAND  PROPERTY  ON  THE  GROUNDS
THAT SUCH ACTION WOULD NOT BE IN THE PUBLIC INTEREST.
  D.  IN  THE  EVENT  THAT  THE  ATTORNEY  GENERAL DOES NOT, IN WRITING,
EXPRESSLY DENY THE AUTHORITY OF SUCH PARTY TO BRING SUCH  AN  ACTION  AS
SET FORTH IN PARAGRAPH C OF THIS SECTION, WITHIN ONE HUNDRED TWENTY DAYS
OF  THE  SUBMISSION  OF  A REQUEST BY SUCH PARTY TO BE AUTHORIZED BY THE
ATTORNEY GENERAL TO BRING SUCH AN ACTION, THEN SUCH  ACTION  TO  PROTECT
THE  PARKLAND  PARCEL MAY BE BROUGHT BY SUCH PARTY AS IF SUCH ACTION HAD
BEEN AUTHORIZED BY THE ATTORNEY GENERAL.
  E. ANY COURT OF COMPETENT JURISDICTION CONSIDERING AN  ACTION  BROUGHT
UNDER THIS SECTION MAY AWARD THE PREVAILING PARTY, IN ADDITION TO COSTS,
AND  DISBURSEMENTS,  AN  AMOUNT OF REASONABLE ATTORNEYS FEES INCURRED IN
SUCH ACTION, OR ITS APPEALS.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

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