Bill Text: NY S03810 | 2015-2016 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2016-01-06 - REFERRED TO LOCAL GOVERNMENT [S03810 Detail]

Download: New_York-2015-S03810-Introduced.html

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                           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:
    1    Section  1. Subdivision 4 of section 247 of the general municipal law,
    2  as added by chapter 964 of the laws of  1977,  is  amended  to  read  as
    3  follows:
    4    4.  For  purposes  of  this section, any interest acquired pursuant to
    5  this section is hereby enforceable by and against the  original  parties
    6  and  the  successors  in  interest,  heirs  and  assigns of the original
    7  parties, AND ALSO MAY BE ENFORCED BY THE GOVERNING BOARD OF ANY  MUNICI-
    8  PAL CORPORATION WITHIN WHICH THE LAND ENCUMBERED BY ANY SUCH INTEREST IS
    9  LOCATED,  provided  that  a  record  of such acquisition is filed in the
   10  manner provided by section two hundred ninety-one of the  real  property
   11  law. Such enforceability shall not be defeated because of any subsequent
   12  adverse possession, laches, estoppel, waiver, change in character of the
   13  surrounding  neighborhood  or  any rule of common law. No general law of
   14  the state which operates to defeat the enforcement of  any  interest  in
   15  real property shall operate to defeat the enforcement of any acquisition
   16  pursuant  to  this section, unless such general law expressly states the
   17  intent to defeat the enforcement of any  acquisition  pursuant  to  this
   18  section.
   19    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