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S2981Senate2017-2018 SessionSame asA2338

Let Sagaponack Enforce Open Space

Official title

“Relates to the enforcement by the village of Sagaponack of interests in real property acquired for the purposes of open space or open areas”

Sponsor Kenneth P. LaValleSD-1Affects Local Government
Status
In Senate Committee
Local Government
Impact
3/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Local Government

What's happening

This bill allows the village of Sagaponack to enforce interests in real property acquired for open space, even if not an original party.

Why it matters

  1. Strengthens preservation efforts. By allowing Sagaponack to enforce open space interests even if it wasn't an original party to the acquisition, the bill ensures that land set aside for open space remains protected, regardless of ownership changes or transfer history.

  2. Protects against legal loopholes. The bill removes common defenses such as adverse possession, laches, estoppel, waiver, or neighborhood changes, making it much harder for private parties to undermine open space protections through litigation or legal technicalities.

  3. Overrides conflicting state laws. Unless another law specifically mentions intent to override these protections, general state laws that might otherwise weaken open space interests cannot be used to defeat Sagaponack’s enforcement rights, giving local preservation efforts stronger legal standing.

  4. Promotes long-term community values. By ensuring that open space acquisitions remain enforceable, the legislation supports community goals like environmental conservation, public recreation, and maintaining the rural character and quality of life in Sagaponack.

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Who cares

Headline styles

Let Sagaponack Enforce Open Space

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Kenneth P. LaValle

Senator · Senate District 1

Chair, Higher Education

No co-sponsors yet.

History

  1. Print number 2981a
  2. Amend (t) and recommit to local government
  3. Referred to local government
  4. Referred to local government

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.

A2338Assembly

Let Sagaponack Enforce Open Space

In Assembly Committee · Local Governments · Sponsor Fred Thiele

Impact 3 · Low0% to pass

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.

Sponsor's memo

Title of bill

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

Purpose

Relates to the enforcement by the Village of Sagaponack of interests in real property acquired for the purposes of open space or open areas.

Summary of provisions

Allows the Village of Sagaponack in Suffolk County, to 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 relating to real property acquired for the purposes of open space or open areas.

Justification

Section 247 of the State General Municipal Law grants municipalities the authority to institute programs to preserve agricultural lands. In essence, the towns protect agricultural lands by purchasing "development rights" from the landowner that prohibits the land from being developed for residential purposes, while permitting the land to continue to be used for agricultural purposes, as defined in Section 301 of the State Agriculture and Markets Law. The towns either hold such development rights or extinguish those rights. Fee title to land remains in private ownership to be used for agriculture purposes.

This legislation would allow the Village of Sagaponack to enforce through its governing board, any interest acquired by a municipal corpo- ration 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. A record of such acquisition must be filed in the manner provided by Section 291 of the Real Property Law relating to the recording of real property conveyances.

Legislative history

2017: S.2981/A.2338 2015-16 S.3810/A.5309

Fiscal implications

None.

Effective date

Immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.