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Assembly Bill A5309

2015-2016 Legislative Session

Relates to the enforcement by governing boards of municipal corporations of interests in real property acquired for the purposes of open space or open areas

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Archive: Last Bill Status - In Assembly Committee

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2015-A5309 (ACTIVE) - Details

See Senate Version of this Bill:
S3810
Current Committee:
Assembly Local Governments
Law Section:
General Municipal Law
Laws Affected:
Amd ยง247, Gen Muni L
Versions Introduced in Other Legislative Sessions:
2017-2018: A2338, S2981
2019-2020: A6482, S4353
2021-2022: A4216, S4024

2015-A5309 (ACTIVE) - Summary

Relates to the enforcement by governing boards of municipal corporations of interests in real property acquired for the purposes of open space or open areas.

2015-A5309 (ACTIVE) - Bill Text download pdf 

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

    S. 3810                                                  A. 5309

                       2015-2016 Regular Sessions

                      S E N A T E - A S S E M B L Y

                            February 17, 2015
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Local Govern-
  ment

IN  ASSEMBLY  -- Introduced by M. of A. THIELE -- read once and referred
  to the Committee on Local Governments

AN ACT to amend the general municipal law, in relation to  the  enforce-
  ment  by  governing  boards  of municipal corporations of interests in
  real property acquired for the purposes of open space or open areas

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

  Section  1. Subdivision 4 of section 247 of the general municipal law,
as added by chapter 964 of the laws of  1977,  is  amended  to  read  as
follows:
  4.  For  purposes  of  this section, any interest acquired pursuant to
this section is hereby enforceable by and against the  original  parties
and  the  successors  in  interest,  heirs  and  assigns of the original
parties, AND ALSO MAY BE ENFORCED BY THE GOVERNING BOARD OF ANY  MUNICI-
PAL CORPORATION WITHIN WHICH THE LAND ENCUMBERED BY ANY SUCH INTEREST IS
LOCATED,  provided  that  a  record  of such acquisition is filed in the
manner provided by section two hundred ninety-one of the  real  property
law. Such enforceability shall not be defeated because of any subsequent
adverse possession, laches, estoppel, waiver, change in character of the
surrounding  neighborhood  or  any rule of common law. No general law of
the state which operates to defeat the enforcement of  any  interest  in
real property shall operate to defeat the enforcement of any acquisition
pursuant  to  this section, unless such general law expressly states the
intent to defeat the enforcement of any  acquisition  pursuant  to  this
section.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07116-01-5

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