Can a NY county formally dedicate land in front of a county office building as a Korean War Veterans Memorial Park?

Subject

A county may dedicate land as a memorial park; once dedicated, the park land is locked into park use by the public trust doctrine

Plain-English summary

Montgomery County wanted to formally dedicate the area in front of a county office building as a Korean War Veterans Memorial Park. The county attorney asked whether the county had authority to do this.

The AG said yes, and added a familiar caution about what dedication means.

Local governments, including counties, may adopt local laws (consistent with the Constitution and general state laws) relating to their property, affairs, and government and to the management and use of their property. Municipal Home Rule Law § 10(1)(i) and (ii)(a)(6). This authority covers dedicating county land as a park. 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), supports municipal use of home-rule authority for park dedication.

Dedication has a continuing consequence. Once the land is dedicated as a park, the public trust doctrine treats it as held in trust for the public. The land may not be diverted to other uses or sold without authorization by the State Legislature. The AG cited earlier opinions confirming this point (1987 Op Atty Gen (Inf) 159; 1981 Op Atty Gen (Inf) 242).

The county was not asking about diversion, only about creating the park. So the AG's answer was clean: yes, the county can do it; just be aware that the dedication is durable.

The opinion answers whether the county may make the proposed dedication. It does not say that Montgomery County actually dedicated the land.

Currency note

This opinion was issued in 1995. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Could Montgomery County dedicate the area by its office building as a memorial park?

Yes. The AG concluded that counties may dedicate land as parks using their home-rule authority over local property. The opinion addresses the proposed Korean War Veteran Memorial Park.

What happens to land once it is dedicated as a park?

According to the opinion, it is held in public trust. It may not be diverted to another use or conveyed without authorization by the State Legislature.

Did the opinion say the dedication was completed?

No. The county asked whether it could dedicate the area, and the AG answered that it could. The opinion gives no later history of the parcel.

Did the AG address changes to individual memorial features?

No. The opinion discusses dedication, diversion to other uses, and conveyance of park land. It does not analyze relocation or removal of features within a park.

Statutory framework

Municipal Home Rule Law § 10(1)(i) gives local governments general legislative power over their property, affairs, and government.

Municipal Home Rule Law § 10(1)(ii)(a)(6) authorizes local laws on the management and use of local government property.

The common-law public trust doctrine, reflected in numerous AG opinions and cases, holds that dedicated park land may not be diverted to other uses or conveyed without an act of the State Legislature.

Source

• Landing page: https://ag.ny.gov/libraries-documents/opinions/opinions-year
• Original PDF: https://ag.ny.gov/sites/default/files/opinions/I_95-54_pw.pdf

Original opinion text

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, 1995

Kelli P. McCoski, Esq.
County Attorney
County of Montgomery
123 Guy Park Avenue
Amsterdam, NY 12010

Informal Opinion
No. 95-54

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.

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