Opn. No.
Background
- County participates in Greater Catskills Flood Remediation Program to purchase flood-damaged homes.
- Program funds from HTFC require assurances the acquired property will be condemned and dedicated in perpetuity for open space, recreation, flood mitigation or wetlands management.
- Deeds to the County include language like 'restricted to, dedicated to, and maintained in perpetuity for use that is compatible with open space, recreation, flood mitigation and/or wetlands management.'
- Question presented: whether such assurances amount to a dedication of the property as public parkland, triggering a common-law public trust and a need for legislative authorization to alienate.
- Court analyzes whether the statute and assurances create a dedication to public park use or merely restrict uses to compatible activities; finds no mandatory dedication to parkland and no express legislative prohibition on alienation.
- Conclusion: the County did not dedicate the property as public parkland, so the common-law restriction on alienation does not apply to bar its sale.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the program language dedicate the land to public park use? | Havranek argues dedication to parkland via program assurances. | County argues language is compatible-use restriction, not park dedication. | No dedicated public parkland; no legislative barrier to alienation. |
| Did deed language ('restricted to', 'dedicated to') effect a permanent dedication? | Assurance language connotes public dedication. | Language reflects use restrictions, not a park dedication. | Language does not create inalienable dedication. |
| Is there an express statutory prohibition restricting alienation of lands bought with this program? | Public park limitations require specific legislative authorization to alienate. | statute lacks an express prohibition on alienation. | No express prohibition; alienation permitted. |
Key Cases Cited
- Williams v. Gallatin, 229 N.Y. 248 (N.Y. 1920) (public trust doctrine; park dedication requires legislative authorization)
- Brooklyn Park Comm'rs v. Armstrong, 45 N.Y. 234 (N.Y. 1871) (public land dedication and alienation constraints)
- Friends of VanCortlandt Park v. City of New York, 95 N.Y.2d 623 (N.Y. 2001) (dedication and alienation considerations; need for legislative authorization)