Legislation
SECTION 17-1103
Persons other than the state acquire no actionable rights
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 17, TITLE 11
§ 17-1103. Persons other than the state acquire no actionable rights.
The bases for proceedings or actions resulting from the violations of
the prohibitions contained in titles 1 to 11, inclusive, and title 19 of
this article inure solely to and are for the benefit of the people
generally of the state of New York, and it is not intended to in any way
create new, or enlarge existing rights of riparian owners or others. A
determination by the department or the commissioner that pollution
exists or that violations of any such prohibitions have occurred or are
occurring, whether or not a proceeding or action may be brought by the
state, shall create by reason thereof no presumptions of law or findings
of fact inuring to or for the benefit of persons other than the state.
The bases for proceedings or actions resulting from the violations of
the prohibitions contained in titles 1 to 11, inclusive, and title 19 of
this article inure solely to and are for the benefit of the people
generally of the state of New York, and it is not intended to in any way
create new, or enlarge existing rights of riparian owners or others. A
determination by the department or the commissioner that pollution
exists or that violations of any such prohibitions have occurred or are
occurring, whether or not a proceeding or action may be brought by the
state, shall create by reason thereof no presumptions of law or findings
of fact inuring to or for the benefit of persons other than the state.