The Public Trust Doctrine holds that when a municipality acquires land for an expressly public purpose, it cannot later sell or otherwise alienate the use of that land for private use without the State Legislature’s approval (see e.g. 10 E. Realty, LLC v Inc. Vill. of Valley Stream, 17 AD3d 474, 476 [2d Dept 2005]). The Doctrine
Continue Reading Third Department Reaffirms That Private Ownership with Public Purpose Okay Under the Public Trust Doctrine
Public Trust Doctrine
Community Garden Found Not To Be Parkland And Not Subject To Public Trust Doctrine
A recent ruling by the Appellate Division, Second Department, Matter of Coney Island Boardwalk Community Gardens v City of New York, concerned the fate of a parcel of land located at the Coney Island boardwalk. That parcel was owned by the City of New York and had been used for several years as a community garden. When the City…
Continue Reading Community Garden Found Not To Be Parkland And Not Subject To Public Trust Doctrine