What's happening
This bill allows the Village of Sagaponack to enforce interests in real property acquired for open space, even if it wasn't an original party to the acquisition.
Why it matters
Empowers Local Preservation. By allowing the Village of Sagaponack to enforce interests in open space property, even if it wasn't the original buyer, the bill strengthens local government’s ability to protect open spaces and conservation lands from development or misuse over time.
Closes Legal Loopholes. The bill blocks common legal defenses (like adverse possession, laches, estoppel, or neighborhood changes) that might otherwise undermine the village’s ability to protect these properties, making open space protections more durable and less vulnerable to challenge.
Overrides Conflicting State Laws. The bill ensures that no general state law can unintentionally undermine Sagaponack’s enforcement powers—unless that law specifically says it will—providing stronger legal certainty for the village’s conservation actions.
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Who cares
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Let Sagaponack Protect Open Space
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to local government
- 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.
Let Sagaponack Enforce Open Space
In Assembly Committee · Local Governments · Sponsor Fred Thiele
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.
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
2017-18: S.2981-A/A.2338-A 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.