1995-54
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Cite as N.Y. Op. Att'y Gen. No. 1995-54
MUNICIPAL HOME RULE LAW § 10(1)(i) and (ii)(a)(6).
A county may dedicate land as a Korean War Veteran Memorial
Park. The park land will be held in public trust and may not be
diverted to other uses or conveyed without authorization by the
State Legislature.
December 5, l995
Kelli P. McCoski, Esq.
Informal Opinion
County Attorney
No. 95-54
County of Montgomery
123 Guy Park Avenue
Amsterdam, NY 12010
Dear Ms. McCoski:
You have asked whether a county can establish an area in
front of a county office building as a Korean War Veteran
Memorial Park. The county would like formally to dedicate this
area as a park.
In our view, local governments, including counties, are
authorized to dedicate land as parks. Local governments may
adopt local laws, consistent with the Constitution and general
State laws, in relation to their property, affairs and government
and in relation to the management and use of their property.
Municipal Home Rule Law § 10(1)(i) and (ii)(a)(6). A
municipality may utilize this authority to dedicate land for park
purposes. Gewirtz v City of Long Beach, 69 Misc 2d 763 (Sup Ct
Nassau Co 1972), affd on opinion below, 45 AD2d 841 (2d Dept
1974).
Once land has been dedicated as park land, it is held in
public trust and may not be diverted to other uses or sold
without authorization by the State Legislature. 1987 Op Atty Gen
(Inf) 159; 1981 Op Atty Gen (Inf) 242.
We conclude that a county may dedicate land as a Korean War
Veteran Memorial Park. The park land will be held in public
trust and may not be diverted to other uses or conveyed without
authorization by the State Legislature.
2
The Attorney General renders formal opinions only to
officers and departments of State government. This perforce is
an informal and unofficial expression of the views of this
office.
Very truly yours,
JAMES D. COLE
Assistant Attorney General
in Charge of Opinions