What's happening
This bill allows the village of Sagaponack to enforce property interests for open space, even if it wasn't an original party to the acquisition.
Why it matters
Empowers Sagaponack to protect open space. The bill gives the village the authority to enforce property interests in land set aside for open space, even if it wasn’t involved in the original acquisition. This could help the village better safeguard green space and prevent unwanted development.
Overrides certain legal barriers. By specifying that issues like adverse possession (someone using land without permission), laches (delays in asserting rights), estoppel, waiver, or neighborhood changes can’t be used as defenses, the bill removes common hurdles that might otherwise block enforcement of open space restrictions.
Provides legal clarity and priority. The bill ensures that only state laws that explicitly reference defeating these open space interests can do so, giving the village’s enforcement powers strong legal standing and reducing ambiguity for landowners and local officials.
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Let Sagaponack Enforce Open Space
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- 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 Protect 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. 4353 A. 6482
2019-2020 Regular Sessions
SENATE - ASSEMBLY
March 8, 2019
IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government
IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once and referred to the Committee on Local Governments
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.
LBD10531-01-9
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.