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This entry was published on 2014-09-22
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SECTION 247
Acquisition of open spaces and areas
General Municipal (GMU) CHAPTER 24, ARTICLE 13
§ 247. Acquisition of open spaces and areas. 1. Definitions. For the
purposes of this chapter an "open space" or "open area" is any space or
area characterized by (1) natural scenic beauty or, (2) whose existing
openness, natural condition, or present state of use, if retained, would
enhance the present or potential value of abutting or surrounding urban
development, or would maintain or enhance the conservation of natural or
scenic resources. For purposes of this section natural resources shall
include but not be limited to agricultural lands defined as open lands
actually used in bona fide agricultural production.

2. The acquisition of interests or rights in real property for the
preservation of open spaces and areas shall constitute a public purpose
for which public funds may be expended or advanced, and any county,
city, town or village after due notice and a public hearing may acquire,
by purchase, gift, grant, bequest, devise, lease or otherwise, the fee
or any lesser interest, development right, easement, covenant, or other
contractual right necessary to achieve the purposes of this chapter, to
land within such municipality. In the case of a village the cost of such
acquisition of interests or rights may be incurred wholly at the expense
of the village, at the expense of the owners of the lands benefited
thereby, or partly at the expense of such owners and partly at the
expense of the village at large as a local improvement in the manner
provided by article twenty-two in the village law entitled local
improvements.

3. After acquisition of any such interest pursuant to this act the
valuation placed on such an open space or area for purposes of real
estate taxation shall take into account and be limited by the limitation
on future use of the land.

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, 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.