Provides for the protection of parkland by certified actions brought by the attorney general

BILL NUMBER:S5130

Title of bill

An act to amend the general municipal law, in relation to parkland protection

Purpose

To provide a means for local residents to prevent the alienation of parkland or the improper Use of parcels dedicated as parkland in their communities by creating a cause of action to enjoin localities from such improper use.

Summary of provisions

Section 1 creates Article 19-C of the General Municipal Law Section 995 to allow the Attorney General of the State of New York to take action regarding the improper use of a parcel dedicated as parkland at the request of an affected resident. The cause of action is granted to the resident at the authorization or inaction of the Attorney General.

Section 2 sets the enacting date.

Justification

Communities in New York State are oftentimes defined by their parks. Parkland protects the environment and adds to the quality of life of every New Yorker. This bill allows the Attorney General, on behalf of the people, to take necessary action to protect our parklands. Furthermore, the bill allows residents of the locality to take legal action if so authorized and a means to be reimbursed their expenses including legal fees. This procedure will promote and protect the creation of public parkland in the state and will ensure its successful existence, continuation and use by all New Yorkers.

Legislative history

S.6495 (2012)

Fiscal implications

Unknown.

Effective date

This act shall take effect on the 90th day after it shall become a law,