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Assembly Bill A2338A

2017-2018 Legislative Session

Relates to the enforcement by the village of Sagaponack 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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Bill Amendments

2017-A2338 - Details

See Senate Version of this Bill:
S2981
Current Committee:
Assembly Local Governments
Law Section:
Suffolk County
Versions Introduced in Other Legislative Sessions:
2015-2016: A5309, S3810
2019-2020: A6482, S4353
2021-2022: A4216, S4024

2017-A2338 - Summary

Relates to the enforcement by the village of Sagaponack of interests in real property acquired for the purposes of open space or open areas.

2017-A2338 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 2981                                                  A. 2338
 
                        2017-2018 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                             January 18, 2017
                                ___________
 
 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.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04087-01-7

2017-A2338A (ACTIVE) - Details

See Senate Version of this Bill:
S2981
Current Committee:
Assembly Local Governments
Law Section:
Suffolk County
Versions Introduced in Other Legislative Sessions:
2015-2016: A5309, S3810
2019-2020: A6482, S4353
2021-2022: A4216, S4024

2017-A2338A (ACTIVE) - Summary

Relates to the enforcement by the village of Sagaponack of interests in real property acquired for the purposes of open space or open areas.

2017-A2338A (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 2981--A                                            A. 2338--A
 
                        2017-2018 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                             January 18, 2017
                                ___________
 
 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 -- recommitted to the Committee on Local Government in accordance
   with  Senate  Rule  6,  sec.  8 -- committee discharged, bill amended,
   ordered reprinted as amended and recommitted to said committee
 
 IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once  and  referred
   to  the Committee on Local Governments -- recommitted to the Committee
   on Local Governments in accordance with Assembly Rule  3,  sec.  2  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 AN ACT in relation to the enforcement by the village  of  Sagaponack  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.  Notwithstanding any provision of law to the contrary, the
 village of Sagaponack in the county of Suffolk, may enforce through  its
 governing board, any interest acquired by a municipal corporation within
 the incorporated village, pursuant to section 247 of the general munici-
 pal  law,  notwithstanding the fact that the village was not an original
 party to the acquisition, provided that a record of such acquisition  is
 filed  in  the  manner provided by section 291 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.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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