senate Bill S6495

2011-2012 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status -


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 02, 2012 reported and committed to finance
Feb 16, 2012 referred to local government

Votes

view votes

May 2, 2012 - Local Government committee Vote

S6495
6
0
committee
6
Aye
0
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Local Government committee vote details

Local Government Committee Vote: May 2, 2012

aye wr (2)

Co-Sponsors

S6495 - Details

Law Section:
General Municipal Law
Laws Affected:
Add Art 19-C ยง995, Gen Muni L

S6495 - Summary

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

S6495 - Sponsor Memo

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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