Provides for the protection of parkland by certified actions brought by the attorney general.
Ayes (6): Martins, Ball, McDonald, Stewart-Cousins, Oppenheimer, Klein
Ayes W/R (2): Little, Ritchie
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.
STATE OF NEW YORK ________________________________________________________________________ 6495 IN 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 THEEXPLANATION--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.