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This entry was published on 2014-09-22
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SECTION 57-0213
Defense, attorneys' fees, court costs
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 57, TITLE 2
§ 57-0213. Defense, attorneys' fees, court costs.

1. For each town adopting a local law implementing regulations in the
protection areas consistent with this title, there shall be a defense by
the state against any damages, losses, costs, or expenses of any kind or
nature incurred or suffered by such town or its agents, servants,
officials or employees, in the event of legal actions or proceedings
brought against the town or its agents, servants, officials, or
employees that may result from the municipal acquisition of land or the
adoption or implementation of a local law consistent with this title.

2. The state shall pay reasonable attorneys' fees and court costs
incurred by each town in connection with such legal actions or
proceedings, including any appeal.

3. Such defense shall be conditioned upon:

(a) delivery by the town board or its agent, servant, official or
employee against whom the legal action or proceeding was commenced to
the attorney general or an assistant attorney general at an office of
the department of law in the state, the original or a copy of any
summons, complaint, process, notice, demand, or pleading within thirty
days after such document is served upon the town board or such other
party; and

(b) the full cooperation of the town board or such other party against
whom the action or proceeding was commenced in the defense of such
action or proceeding and in defense of any action or proceeding against
the state based upon the same act or omission, and in the prosecution of
any appeal.