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

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S6495-2011 Actions

• May 2, 2012: REPORTED AND COMMITTED TO FINANCE
• Feb 16, 2012: REFERRED TO LOCAL GOVERNMENT

S6495-2011 Meetings

Local Government: May 2, 2012

S6495-2011 Votes

S6495-2011 Memo

BILL NUMBER:S6495

TITLE OF BILL:
An act to amend the general municipal law, in relation to parkland
protection

PURPOSE:
To provide a means for local residents to prevent the alienation of
parkland or the improper Use of parcels dedicated as parkland in their
communities by creating a cause of action to enjoin localities from
such improper use.

SUMMARY OF PROVISIONS:
Section 1 creates Article 19-C of the General Municipal Law Section
995 to allow the Attorney General of the State of New York to take
action regarding the improper use of a parcel dedicated as parkland at
the request of an affected resident. The cause of action is granted to
the resident at the authorization or inaction of the Attorney General.

Section 2 sets the enacting date.

JUSTIFICATION:
Communities in New York State are oftentimes defined by their parks.
Parkland protects the environment and adds to the quality of life of
every New Yorker. This bill allows the Attorney General, on behalf of
the people, to take necessary action to protect our parklands.
Furthermore, the bill allows residents of the locality to take legal
action if so authorized and a means to be reimbursed their expenses
including legal fees. This procedure will promote and protect the
creation of public parkland in the state and will ensure its
successful existence, continuation and use by all New Yorkers.

LEGISLATIVE HISTORY:
This is a new bill.

FISCAL IMPLICATIONS:
Unknown.

EFFECTIVE DATE:
This act shall take effect on the 90th day after it shall become a
law.

S6495-2011 Text

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

                                    6495

                              I N  SENATE

                              February 16, 2012
                                 ___________

  Introduced  by  Sens.  MARTINS,  OPPENHEIMER  --  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
  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

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD14220-02-2

 S. 6495                             2

  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.