Archive | parklands

TAXES ON PARKLAND – NEVER

The Second Department handed down an interesting case today, Town of North Hempstead v County of Nassau, ___ AD3d ___, June 6, 2018.  The facts are somewhat difficult, but I shall try to simplify.  In 2005, land was conveyed to the Town of North Hempstead for use as a public park.  The real property was used as a park since that date. The Town failed to record the 2005 deed until December 2008.  Meanwhile the County was assessing taxes on the land and sold the tax liens to an individual. … read more

Posted in parklands, RPTL 406, Tax Assessment
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Update: New York Court of Appeals to Hear NYU Expansion Case

We are posting with an important update on our previous blog regarding NYU’s planned expansion into implied parkland in NYC: The New York Court of Appeals has agreed to hear the case. By way of refresher, the case involves NYU’s planned $6 billion, 2-million square foot expansion that will impact three parks- Mercer playground, LaGuardia Park and LaGuardia Corner Gardens. These parks have been used by the public, and according to the Petitioners, should be protected from development as “implied” parkland with the City funding, labeling, and maintaining them as… read more

Posted in New York, parklands, Recent cases
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Michael Rikon Publishes NYLJ Article on Public Trust Doctrine and NYC Parklands

Mr. Rikon’s most recent NYLJ, available by clicking here, discusses the public trust doctrine and recent New York cases involving challenges to public parklands. As Mr. Rikon writes, the parks are protected by the public trust doctrine, which was adopted by the States from well-established English Law. The landmark case was Illinois Central Railroad v. Illinois, 146 US 387 (1892). In that case, the Illinois legislature had granted most of the Chicago harbor to the railroad. The Supreme Court held that the State held title to the land underneath the… read more

Posted in New York, parklands, Published Articles, Recent cases
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