2006 New York Code - Acquisition Of Open Spaces And Areas

 
    §  247. Acquisition of open spaces and areas. 1. Definitions.  For the
  purposes of this chapter an "open space" or "open area" is any space  or
  area  characterized  by (1) natural scenic beauty or, (2) whose existing
  openness, natural condition, or present state of use, if retained, would
  enhance the present or potential value of abutting or surrounding  urban
  development, or would maintain or enhance the conservation of natural or
  scenic  resources.  For purposes of this section natural resources shall
  include but not be limited to agricultural lands defined as  open  lands
  actually used in bona fide agricultural production.
    2.  The  acquisition  of  interests or rights in real property for the
  preservation of open spaces and areas shall constitute a public  purpose
  for  which  public  funds  may  be expended or advanced, and any county,
  city, town or village after due notice and a public hearing may acquire,
  by purchase, gift, grant, bequest, devise, lease or otherwise,  the  fee
  or  any lesser interest, development right, easement, covenant, or other
  contractual right necessary to achieve the purposes of this chapter,  to
  land within such municipality. In the case of a village the cost of such
  acquisition of interests or rights may be incurred wholly at the expense
  of  the  village,  at  the  expense of the owners of the lands benefited
  thereby, or partly at the expense of  such  owners  and  partly  at  the
  expense  of  the  village  at large as a local improvement in the manner
  provided by  article  twenty-two  in  the  village  law  entitled  local
  improvements.
    3.  After  acquisition  of  any such interest pursuant to this act the
  valuation placed on such an open space or  area  for  purposes  of  real
  estate taxation shall take into account and be limited by the limitation
  on future use of the land.
    4.  For  purposes  of  this section, any interest acquired pursuant to
  this section is hereby enforceable by and against the  original  parties
  and  the  successors  in  interest,  heirs  and  assigns of the original
  parties, provided that a record of such  acquisition  is  filed  in  the
  manner  provided  by section two hundred ninety-one 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.