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.

The catch: dedication is one-way. Once the land is dedicated as a park, the public trust doctrine treats it as held in trust for the public. The land cannot be diverted to other uses (a new building, a parking lot, a commercial lease) or sold without an act of 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.

This is a short, clear opinion, but it carries a meaningful warning for future county officials. A Korean War Veterans Memorial Park dedicated in 1995 is still subject to public trust in 2026 and beyond. A future county legislature that wants the parcel for office expansion, parking, or any other county purpose would need state legislative action (a "park alienation bill") to unlock the land. That is intentional. The public trust doctrine exists precisely to prevent one generation's elected officials from undoing another's dedication on a whim.

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

Does the public trust doctrine apply only to formally dedicated land?

No. Formal dedication is the clearest trigger, but courts have found public trust dedication where the original purpose of acquisition and the extent of public use evidence a park use. Whether informal use has crystallized into dedication is a fact-specific inquiry. For purposes of clarity, formal dedication by local law or resolution is the cleanest path.

How does a county get permission to use park land for something else later?

Through a "park alienation" bill in the state legislature. The county finds Senate and Assembly sponsors, drafts a bill identifying the specific parcel and the specific alternative use (usually with a requirement to dedicate substitute parkland of equal or greater value), works it through committee, and seeks gubernatorial approval. The process exists; it is just not easy.

Is a memorial park subject to the same restrictions as a recreational park?

Yes, generally. The dedication is to "park" use; courts and the AG have read that to include parks that primarily commemorate something (war memorials, statuary, monuments). The restriction on alienation does not turn on whether the park has hiking trails or stone monuments.

Could the county dedicate just part of a parcel as a park?

In theory, yes, if the dedication clearly identifies the dedicated portion. The county would need to be precise about boundaries, since the public-trust limitation will follow the dedicated portion only. Best practice is to describe the dedicated area by survey or plat reference.

What about removing or moving memorial features later?

The opinion does not directly address this. Removing or relocating individual memorial features within a dedicated park, without changing the park's character or boundaries, would not typically constitute alienation. Removing the park designation, building on the land, or transferring ownership would.

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