|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|May 02, 2012||reported and committed to finance|
|Feb 16, 2012||referred to local government|
senate Bill S6495
Archive: Last Bill Status - In Senate Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S6495 - Details
- Current Committee:
- Law Section:
- General Municipal Law
- Laws Affected:
- Add Art 19-C §995, Gen Muni L
S6495 - Sponsor 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.
S6495 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6495 I N S E N A T E 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.
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