N.Y. General Municipal Law § 247: 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.