§ 247 — Acquisition of open spaces and areas

New York § 247

• Jurisdiction: New York
• Law GMU: General Municipal
• Art. 13: Playgrounds and Neighborhood Recreation Centers

Text

§ 247. Acquisition of open spaces and areas. 1. Definitions. For the\npurposes of this chapter an "open space" or "open area" is any space or\narea characterized by (1) natural scenic beauty or, (2) whose existing\nopenness, natural condition, or present state of use, if retained, would\nenhance the present or potential value of abutting or surrounding urban\ndevelopment, or would maintain or enhance the conservation of natural or\nscenic resources. For purposes of this section natural resources shall\ninclude but not be limited to agricultural lands defined as open lands\nactually used in bona fide agricultural production.\n 2. The acquisition of interests or rights in real property for the\npreservation of open spaces and areas shall constitute a public purpose\nfor which public funds may be expended or advanced, and any county,\ncity, town or village after due notice and a public hearing may acquire,\nby purchase, gift, grant, bequest, devise, lease or otherwise, the fee\nor any lesser interest, development right, easement, covenant, or other\ncontractual right necessary to achieve the purposes of this chapter, to\nland within such municipality. In the case of a village the cost of such\nacquisition of interests or rights may be incurred wholly at the expense\nof the village, at the expense of the owners of the lands benefited\nthereby, or partly at the expense of such owners and partly at the\nexpense of the village at large as a local improvement in the manner\nprovided by article twenty-two in the village law entitled local\nimprovements.\n 3. After acquisition of any such interest pursuant to this act the\nvaluation placed on such an open space or area for purposes of real\nestate taxation shall take into account and be limited by the limitation\non future use of the land.\n 4. For purposes of this section, any interest acquired pursuant to\nthis section is hereby enforceable by and against the original parties\nand the successors in interest, heirs and assigns of the original\nparties, provided that a record of such acquisition is filed in the\nmanner provided by section two hundred ninety-one of the real property\nlaw. Such enforceability shall not be defeated because of any subsequent\nadverse possession, laches, estoppel, waiver, change in character of the\nsurrounding neighborhood or any rule of common law. No general law of\nthe state which operates to defeat the enforcement of any interest in\nreal property shall operate to defeat the enforcement of any acquisition\npursuant to this section, unless such general law expressly states the\nintent to defeat the enforcement of any acquisition pursuant to this\nsection.\n