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:
Section 1. The general municipal law is amended by adding a new arti-
cle 19-C to read as follows:
ARTICLE 19-C
PARKLAND PROTECTION
SECTION 995. CERTIFIED ACTIONS FOR PARKLAND PROTECTION.
S 995. CERTIFIED ACTIONS FOR PARKLAND PROTECTION. A. THE ATTORNEY
GENERAL OF THE STATE OF NEW YORK MAY BRING AN ACTION, IN THE NAME OF THE
PEOPLE OF THE STATE OF NEW YORK, TO PROTECT A PARCEL OF PROPERTY,
LOCATED WITHIN ANY CITY, TOWN, VILLAGE OR COUNTY OF THE STATE, WHICH HAS
PREVIOUSLY BEEN DEDICATED AS PARKLAND, TO ENJOIN THE ALIENATION OR NON-
PARKLAND USE OF SUCH PARCEL, ON GROUNDS THAT THE ALIENATION USE WAS NOT
SOUGHT IN CONFORMANCE WITH THE REQUIREMENTS OF ALIENATION UNDER THE
PUBLIC TRUST DOCTRINE AS EXPRESSED IN THE CONSTITUTION OF THE STATE OF
NEW YORK, OR THAT THE USE OF SUCH PARCEL WOULD BE FOR A PURPOSE THAT IS
INCONSISTENT WITH THE DEDICATION OF SUCH PARCEL FOR PARKLAND PURPOSES.
B. ANY ACTION BROUGHT TO ENJOIN THE ALIENATION OR NON-PARKLAND USE OF
A PARCEL OF PROPERTY, WHICH HAS BEEN PREVIOUSLY DEDICATED AS PARKLAND,
ON THE GROUNDS THAT SUCH ALIENATION WAS NOT SOUGHT IN CONFORMANCE WITH
REQUIREMENTS OF ALIENATION UNDER THE PUBLIC TRUST DOCTRINE, OR THAT THE
USE OF SUCH PARCEL WOULD BE FOR A PURPOSE THAT IS INCONSISTENT WITH THE
DEDICATION OF SUCH PARCEL FOR PARKLAND PURPOSES SHALL BE COMMENCED IN
THE SUPREME COURT IN THE COUNTY IN WHICH THE PARCEL IS SITUATED.
C. IF THE ATTORNEY GENERAL DOES NOT BRING AN ACTION UNDER SUBDIVISION
A OF THIS SECTION, THEN THE ATTORNEY GENERAL MAY AUTHORIZE AN INDIVIDUAL
PARTY WHO IS A RESIDENT OF THE CITY, TOWN, VILLAGE OR COUNTY IN WHICH
THE PARKLAND PARCEL IS LOCATED, TO BRING AN ACTION, IN HIS OR HER OWN
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
GROUNDS THAT THE ALIENATION WAS NOT SOUGHT IN CONFORMANCE WITH THE
REQUIREMENTS OF ALIENATION UNDER THE PUBLIC TRUST DOCTRINE AS EXPRESSED
IN THE CONSTITUTION OF THE STATE OF NEW YORK, OR THAT THE USE OF SUCH
PARCEL WOULD BE FOR A PURPOSE THAT IS INCONSISTENT WITH THE DEDICATION
OF SUCH PARCEL FOR PARKLAND PURPOSES. THE ATTORNEY GENERAL MAY, IN WRIT-
ING, EXPRESSLY DENY THE AUTHORITY OF SUCH REQUESTING PARTY TO BRING SUCH
AN ACTION TO PROTECT SUCH PARCEL OF PARKLAND PROPERTY ON THE GROUNDS
THAT SUCH ACTION WOULD NOT BE IN THE PUBLIC INTEREST.
D. IN THE EVENT THAT THE ATTORNEY GENERAL DOES NOT, IN WRITING,
EXPRESSLY DENY THE AUTHORITY OF SUCH PARTY TO BRING SUCH AN ACTION AS
SET FORTH IN PARAGRAPH C OF THIS SECTION, WITHIN ONE HUNDRED TWENTY DAYS
OF THE SUBMISSION OF A REQUEST BY SUCH PARTY TO BE AUTHORIZED BY THE
ATTORNEY GENERAL TO BRING SUCH AN ACTION, THEN SUCH ACTION TO PROTECT
THE PARKLAND PARCEL MAY BE BROUGHT BY SUCH PARTY AS IF SUCH ACTION HAD
BEEN AUTHORIZED BY THE ATTORNEY GENERAL.
E. ANY COURT OF COMPETENT JURISDICTION CONSIDERING AN ACTION BROUGHT
UNDER THIS SECTION MAY AWARD THE PREVAILING PARTY, IN ADDITION TO COSTS,
AND DISBURSEMENTS, AN AMOUNT OF REASONABLE ATTORNEYS FEES INCURRED IN
SUCH ACTION, OR ITS APPEALS.
S 2. This act shall take effect on the ninetieth day after it shall
have become a law.