Bill Text: NY S06495 | 2011-2012 | General Assembly | Introduced

New York Senate Bill 6495 (Prior Session Legislation)

Introduced

Bill Title: Provides for the protection of parkland by certified actions brought by the attorney general.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2012-05-02 - REPORTED AND COMMITTED TO FINANCE [S06495 Detail]

Download: New_York-2011-S06495-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6495
                                   I N  S E N A T E
                                   February 16, 2012
                                      ___________
       Introduced  by  Sens.  MARTINS,  OPPENHEIMER  --  read twice and ordered
         printed, and when printed to be committed to the  Committee  on  Local
         Government
       AN  ACT  to  amend  the  general  municipal law, in relation to parkland
         protection
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. The general municipal law is amended by adding a new arti-
    2  cle 19-C to read as follows:
    3                                ARTICLE 19-C
    4                             PARKLAND PROTECTION
    5  SECTION 995. CERTIFIED ACTIONS FOR PARKLAND PROTECTION.
    6    S 995.  CERTIFIED ACTIONS FOR PARKLAND PROTECTION. A.    THE  ATTORNEY
    7  GENERAL OF THE STATE OF NEW YORK MAY BRING AN ACTION, IN THE NAME OF THE
    8  PEOPLE  OF  THE  STATE  OF  NEW  YORK,  TO PROTECT A PARCEL OF PROPERTY,
    9  LOCATED WITHIN ANY CITY, TOWN, VILLAGE OR COUNTY OF THE STATE, WHICH HAS
   10  PREVIOUSLY BEEN DEDICATED AS PARKLAND, TO ENJOIN THE ALIENATION OR  NON-
   11  PARKLAND  USE OF SUCH PARCEL, ON GROUNDS THAT THE ALIENATION USE WAS NOT
   12  SOUGHT IN CONFORMANCE WITH THE  REQUIREMENTS  OF  ALIENATION  UNDER  THE
   13  PUBLIC  TRUST  DOCTRINE AS EXPRESSED IN THE CONSTITUTION OF THE STATE OF
   14  NEW YORK, OR THAT THE USE OF SUCH PARCEL WOULD BE FOR A PURPOSE THAT  IS
   15  INCONSISTENT WITH THE DEDICATION OF SUCH PARCEL FOR PARKLAND PURPOSES.
   16    B.  ANY ACTION BROUGHT TO ENJOIN THE ALIENATION OR NON-PARKLAND USE OF
   17  A PARCEL OF PROPERTY, WHICH HAS BEEN PREVIOUSLY DEDICATED  AS  PARKLAND,
   18  ON  THE  GROUNDS THAT SUCH ALIENATION WAS NOT SOUGHT IN CONFORMANCE WITH
   19  REQUIREMENTS OF ALIENATION UNDER THE PUBLIC TRUST DOCTRINE, OR THAT  THE
   20  USE  OF SUCH PARCEL WOULD BE FOR A PURPOSE THAT IS INCONSISTENT WITH THE
   21  DEDICATION OF SUCH PARCEL FOR PARKLAND PURPOSES SHALL  BE  COMMENCED  IN
   22  THE SUPREME COURT IN THE COUNTY IN WHICH THE PARCEL IS SITUATED.
   23    C.  IF THE ATTORNEY GENERAL DOES NOT BRING AN ACTION UNDER SUBDIVISION
   24  A OF THIS SECTION, THEN THE ATTORNEY GENERAL MAY AUTHORIZE AN INDIVIDUAL
   25  PARTY WHO IS A RESIDENT OF THE CITY, TOWN, VILLAGE OR  COUNTY  IN  WHICH
   26  THE  PARKLAND  PARCEL  IS LOCATED, TO BRING AN ACTION, IN HIS OR HER OWN
   27  NAME TO ENJOIN THE ALIENATION OR NON-PARKLAND USE OF SUCH PARCEL, ON THE
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14220-02-2
       S. 6495                             2
    1  GROUNDS THAT THE ALIENATION WAS  NOT  SOUGHT  IN  CONFORMANCE  WITH  THE
    2  REQUIREMENTS  OF ALIENATION UNDER THE PUBLIC TRUST DOCTRINE AS EXPRESSED
    3  IN THE CONSTITUTION OF THE STATE OF NEW YORK, OR THAT THE  USE  OF  SUCH
    4  PARCEL  WOULD  BE FOR A PURPOSE THAT IS INCONSISTENT WITH THE DEDICATION
    5  OF SUCH PARCEL FOR PARKLAND PURPOSES. THE ATTORNEY GENERAL MAY, IN WRIT-
    6  ING, EXPRESSLY DENY THE AUTHORITY OF SUCH REQUESTING PARTY TO BRING SUCH
    7  AN ACTION TO PROTECT SUCH PARCEL OF PARKLAND  PROPERTY  ON  THE  GROUNDS
    8  THAT SUCH ACTION WOULD NOT BE IN THE PUBLIC INTEREST.
    9    D.  IN  THE  EVENT  THAT  THE  ATTORNEY  GENERAL DOES NOT, IN WRITING,
   10  EXPRESSLY DENY THE AUTHORITY OF SUCH PARTY TO BRING SUCH  AN  ACTION  AS
   11  SET FORTH IN PARAGRAPH C OF THIS SECTION, WITHIN ONE HUNDRED TWENTY DAYS
   12  OF  THE  SUBMISSION  OF  A REQUEST BY SUCH PARTY TO BE AUTHORIZED BY THE
   13  ATTORNEY GENERAL TO BRING SUCH AN ACTION, THEN SUCH  ACTION  TO  PROTECT
   14  THE  PARKLAND  PARCEL MAY BE BROUGHT BY SUCH PARTY AS IF SUCH ACTION HAD
   15  BEEN AUTHORIZED BY THE ATTORNEY GENERAL.
   16    E. ANY COURT OF COMPETENT JURISDICTION CONSIDERING AN  ACTION  BROUGHT
   17  UNDER THIS SECTION MAY AWARD THE PREVAILING PARTY, IN ADDITION TO COSTS,
   18  AND  DISBURSEMENTS,  AN  AMOUNT OF REASONABLE ATTORNEYS FEES INCURRED IN
   19  SUCH ACTION, OR ITS APPEALS.
   20    S 2. This act shall take effect on the ninetieth day  after  it  shall
   21  have become a law.