What's happening
This bill allows the village of Sagaponack to enforce interests in open space property acquired by other municipal corporations, even if it was not an original party to the acquisition.
Why it matters
Empowers local oversight. By allowing Sagaponack to enforce open space protections even when it wasn’t part of the original acquisition, the bill increases local authority over land use and conservation decisions, potentially leading to more responsive and community-driven stewardship.
Strengthens long-term land preservation. The bill specifically prevents legal doctrines (like adverse possession, laches, estoppel, or waiver) and general state laws from being used to undermine these protections, making it significantly harder for future challenges or loopholes to erode open space designations.
Ensures continuity despite neighborhood changes. Even if the character of the surrounding neighborhood changes over time, the village’s right to enforce open space restrictions remains intact, helping preserve green space amidst development pressures and demographic shifts.
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Who cares
Village of Sagaponack governing board
The bill would let the board enforce recorded open-space property interests acquired by a municipal corporation within the village, even if the village was not an original party to the acquisition.
Owners of property subject to open-space interests in Sagaponack
The bill would prevent adverse possession, delay in enforcement, waiver, neighborhood changes and other listed grounds from defeating village enforcement.
Municipal corporations holding open-space interests in Sagaponack
The bill would authorize the village to enforce their recorded acquisitions under section 247 of the General Municipal Law.
Open-space preservation advocates
The bill would protect enforcement of covered acquisitions against general state laws unless those laws expressly state an intent to defeat that enforcement.
Headline styles
Let Sagaponack Enforce Open Space
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Print number 2338a
- Amend (t) and recommit to local governments
- Referred to local governments
- Referred to local governments
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Let Sagaponack Enforce Open Space
In Senate Committee · Local Government · Sponsor Kenneth P. LaValle
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
S. 2981--A A. 2338--A
2017-2018 Regular Sessions
SENATE - ASSEMBLY
January 18, 2017
IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government -- recommitted to the Committee on Local Government in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once and referred to the Committee on Local Governments -- recommitted to the Committee on Local Governments in accordance with Assembly Rule 3, sec. 2 -committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT in relation to the enforcement by the village of Sagaponack 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 Assembly, do enact as follows:
Section 1. Notwithstanding any provision of law to the contrary, the village of Sagaponack in the county of Suffolk, may enforce through its governing board, any interest acquired by a municipal corporation within the incorporated village, pursuant to section 247 of the general municipal law, notwithstanding the fact that the village was not an original party to the acquisition, provided that a record of such acquisition is filed in the manner provided by section 291 of the real property law. Such enforceability shall not be defeated because of any subsequent adverse possession, laches, estoppel, waiver, change in character of the surrounding neighborhood or any rule of common law. No general law of the state which operates to defeat the enforcement of any interest in real property shall operate to defeat the enforcement of any acquisition pursuant to this section, unless such general law expressly states the intent to defeat the enforcement of any acquisition pursuant to this section.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04087-02-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.