Senate Bill S4352

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4352
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 4, 2025
                                ___________
 
 Introduced  by  Sen.  CLEARE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Cities 1
 
 AN ACT requiring the pedestrian pathway  located  between  Broadway  and
   Amsterdam  Avenue  on  West 116th Street in the city of New York, also
   known as College Walk, to be open to public pedestrians

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.    Legislative  intent.  "College Walk" as it is now known
 started out life as a mapped New York city street and was  part  of  the
 official street grid until the 1950's representing a public thoroughfare
 on West 116th Street between Amsterdam Avenue and Broadway.  In 1954 for
 the sum of $1,000 the city turned over the street to Columbia University
 to  create a "pedestrian walk" so long as the city retained a "perpetual
 easement" for the right of pedestrian passage between Broadway and Amst-
 erdam Avenue.  With the rarest of possible exceptions, over the past  71
 years,  the  university has generally lived up to the terms of the ease-
 ment and has rarely closed College Walk, save for events like  the  9/11
 Terrorist  Attacks and certain outdoor graduation festivities.  However,
 since late 2023 and extending unto the present  moment,  the  university
 has  shuttered  the gates with padlocks citing security concerns.  While
 it is the sense of the legislature that the  safety  of  those  both  on
 campus  and in Morningside Heights is paramount, sound public policy and
 legal doctrine hold that land over which the city has  an  easement  and
 which  binds  Columbia  University  to the right of perpetual pedestrian
 passage cannot be shut off for unreasonable lengths of time.  The  state
 has an interest in protecting easements that facilitate public transpor-
 tation  and  participation in private and civic life--particularly those
 where a local government, such as New York city is part to it.
   § 2. College Walk access.   The  pedestrian  pathway  located  between
 Broadway  and  Amsterdam  Avenue on West 116th Street in the city of New
 York, also known as College Walk, shall be open  to  public  pedestrians
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08733-02-5
              

 S. 4352                             2
 
 pursuant  to  the  provisions of the 1953 agreement with such city which
 ceded such portion of West 116th Street to Columbia University.
   § 3. Standing to enforce provisions. 1. Any member of the public shall
 have  standing to bring an action in any court of competent jurisdiction
 to enforce the provisions of this statute.
   2. Such action may be brought to enjoin and restrain violations of the
 statute, to compel compliance with the statute, or  to  seek  any  other
 appropriate relief.
   §  4. Award of attorney fees. 1. If a member of the public prevails in
 an action brought under this  act,  the  court  shall  award  reasonable
 attorney fees and costs to the prevailing party.
   2. The award of attorney fees and costs pursuant to this section shall
 be in addition to any other relief granted by the court.
   § 5. This act shall take effect immediately.