How can a New York village dedicate land it already owns as a park, and what happens if it later wants to use the parcel for something else?

Subject

Dedication of village-owned land as parkland; methods (resolution or local law); applicability of the public trust doctrine to subsequent alienation or non-park use.

Source

• Landing page: https://ag.ny.gov/libraries-documents/opinions/opinions-year
• Original PDF: https://ag.ny.gov/sites/default/files/opinions/I_96-37_pw.pdf

Plain-English summary

The Village of Head of the Harbor on Long Island had taken title to a four-and-a-half acre parcel containing a caretaker's cottage, ice house, well, and the foundations of a barn, winery, and silo. The village landscaped the grounds and adapted the cottage as its village hall. The board of trustees wanted to formalize the historic and aesthetic character of the property by dedicating most of it (except the active village hall office) as parkland, with the basement of the cottage to house a village historic museum and meeting room. They asked how to do it and whether a public hearing or referendum was required.

The AG sketched two routes. Under Village Law § 6-624, a board of trustees can adopt a resolution authorizing the acquisition of land for park purposes and, on acquisition, establish and maintain a public park; no referendum is authorized under that section because municipalities in New York may hold referenda only under specific statutory authority. Alternatively, the board can use its home rule power under Municipal Home Rule Law § 10(1)(ii)(a)(1), (11), and (13) (property, environment, and welfare) to enact a local law dedicating the parcel. The local-law route requires the standard local-law procedure including a public hearing under §§ 20 et seq., but a referendum is required only if §§ 23 (mandatory referenda) or 24 (referenda on petition) brings the subject within their list, and a park-dedication local law does not.

The AG then flagged the well-settled rule that once parkland is dedicated, the public trust doctrine applies: the land is "impressed with a public trust" and may not be converted to non-park uses without an express, specific act of the State Legislature.

Currency note

This opinion was issued in 1996. 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

What does it mean to "dedicate" land as a park?
Dedication is the legal act of setting land aside for public park use. It can be express, by resolution or local law, or by language in a deed or trust instrument transferring the land to the municipality. In some cases, sustained public park use without a formal dedication can also operate as a dedication by implication (Village of Croton-On-Hudson v County of Westchester).

What is the public trust doctrine for parkland?
Once a municipality dedicates land as a park, it holds the land in trust for the public. The municipality cannot later sell it, lease it for non-park use, build a road through it, or otherwise repurpose it without "the direct and specific approval of the State Legislature, plainly conferred" (Matter of Ackerman v Steisel). This rule is one of the most powerful constraints on municipal landowning in New York and is the reason that proposed conversions of park space routinely require a special act of the Legislature.

Did the village need a referendum?
No. The opinion explained the broader rule: a New York municipality may conduct a referendum only under specific legislative authorization (Matter of McCabe v Voorhis; Mills v Sweeney). Neither Village Law § 6-624 nor the home rule local-law procedure for a park dedication required a public vote. A public hearing was required if the village proceeded by local law.

Could the village exclude part of the parcel from dedication?
Yes. The village proposed to keep the portion of the cottage used as the active village hall office out of the dedication, while dedicating the historic basement and the surrounding grounds. The opinion took no issue with that approach; the dedication only attaches to what the village actually dedicates.

What about future flexibility?
The opinion did not address this directly, but the public trust doctrine cuts both ways. A village that wants to preserve flexibility may choose a narrower dedication or use restrictive covenants rather than a full park dedication; once full dedication is on the books, future repurposing requires the State Legislature.

Background and statutory framework

Village Law § 6-624 is the longest-standing statutory authority for villages to establish parks. It permits a board of trustees to authorize the purchase of village land for park purposes and, after acquisition, to establish and maintain the park. The section is silent on dedication of already-owned land, but the AG read its grant of authority to "establish and maintain" public parks as encompassing dedication by resolution of land already in village ownership.

Municipal Home Rule Law § 10(1)(ii)(a) gives local governments broad authority to enact local laws relating to a long list of subjects, including (1) the government, protection, order, conduct, safety, health, and well-being of persons or property; (11) the protection and enhancement of the physical and visual environment; and (13) the acquisition, care, management, and use of highways, roads, streets, and other property. Park dedication touches on all three. The local-law procedure in §§ 20 et seq. requires a public hearing on five days' published notice and a vote of the legislative body; referenda are required only when the subject falls within § 23's enumerated mandatory-referendum categories (most relating to debt, taxes, charter changes, and certain transfers of municipal functions) or when a § 24 petition is filed.

The public trust doctrine for parkland predates the modern Municipal Home Rule Law. Matter of Ackerman v Steisel summarized the rule that parkland alienation requires "direct and specific approval of the State Legislature, plainly conferred." The doctrine has since been reaffirmed and refined in many later cases addressing proposed disposal of municipal park space.

Citations

• Municipal Home Rule Law § 10(1)(ii)(a)(1), (11), (13) (powers to enact local laws on welfare, environment, and property)
• Municipal Home Rule Law §§ 20 et seq. (procedure for enactment of local laws)
• Municipal Home Rule Law §§ 23, 24 (when referenda are required)
• Village Law § 6-624 (village authority to acquire and maintain parks)
• Gewitz v City of Long Beach, 69 Misc 2d 763 (Sup Ct Nassau Co 1972), affd on opinion below, 45 AD2d 841 (2d Dept 1974)
• Pearlman v Anderson, 62 Misc 2d 24 (Sup Ct Nassau Co), affd on opinion below, 35 AD2d 544 (2d Dept 1970)
• Village of Croton-On-Hudson v County of Westchester, 38 AD2d 979 (2d Dept), affd, 30 NY2d 959 (1972)
• Matter of McCabe v Voorhis, 243 NY 401 (1926)
• Mills v Sweeney, 219 NY 213 (1916)
• Matter of Ackerman v Steisel, 104 AD2d 940, 941 (2d Dept 1984), affd on memorandum below, 66 NY2d 833 (1985)

Original opinion text

Opn. No. 96-37
MUNICIPAL HOME RULE LAW §§ 10(1)(ii)(a)(1), (11) and (13), 20, 23 and 24; VILLAGE LAW § 6-624.
A village by resolution or by local law may dedicate a parcel of land as park land. Once dedicated for
park purposes, land may not be used for other purposes without the express authorization of the State
Legislature.
October 16, 1996
J. Timothy Shea, Esq. Informal Opinion
Village Attorney No. 96-37
Village of Head of the Harbor
Suite 100 S
1393 Veterans Memorial Highway
Hauppauge, NY 11788
Dear Mr. Shea:
You have inquired whether a village has authority to dedicate land as park land. You state that your
village took title to a parcel of land by deed which contained no restrictions as to the use of the land. The
four and one-half acre parcel consisted of a caretaker's cottage, ice house, well and foundations for a
barn, winery, and silo. The village made improvements to the land and structures, which included the
landscaping of a park-like area and the development of the caretaker's cottage as the village hall. In
order to preserve and protect the historic, educational and aesthetic attributes of the land and structures,
the board of trustees is considering the dedication of the four and one-half acre parcel as a park. The
dedication would include the historic part of the village hall building and the basement of the building
but would exclude that portion of the building presently being used as the village hall. The basement
would house a village historic museum and would serve as a meeting room for park and recreation
purposes.
You have asked whether the village is authorized to dedicate this area as a park, how this dedication can
be accomplished and whether the dedication is subject to a public hearing or referendum.

A municipality may dedicate land for park purposes. Gewitz v City of Long Beach, 69 Misc 2d 763
(Sup Ct Nassau Co 1972), affd on opinion below, 45 AD2d 841 (2d Dept 1974). Alternatively, land can
become dedicated for park purposes through a specific provision in the deed, trust or other instrument
transferring the land to a municipality. Pearlman v Anderson, 62 Misc 2d 24, 26 (Sup Ct Nassau Co),
affd on opinion below, 35 AD2d 544 (2d Dept 1970). Also, absent any restrictions in the deed or other
instrument conveying the property and without any formal dedication of the land for park use, continued
use of land as a park for a period of time can constitute a dedication and acceptance by implication.
Village of Croton-On-Hudson v County of Westchester, 38 AD2d 979 (2d Dept), affd, 30 NY2d 959
(1972).

The village board of trustees may dedicate a portion of the parcel in question for park purposes. In our
view, the village board may act by resolution or by local law to dedicate this parcel for park purposes.
The trustees may act by resolution under section 6-624 of the Village Law. Under that provision, a board
of trustees may adopt a resolution authorizing the purchase of land within a village for park purposes.
Upon the acquisition of such land, the board may establish and maintain a public park. Thus, it follows
that section 6-624 can serve as authority for the establishment, by resolution, of a public park on village
owned land. A referendum is not authorized under that section. It is a well established rule of law in this
State that a municipality may conduct a referendum only under a specific authorization by the State
Legislature. Matter of McCabe v Voorhis, 243 NY 401 (1926); Mills v Sweeney, 219 NY 213 (1916).
In our view, the dedication of park land may also be accomplished by local law. A village may utilize its
authority to enact local laws relating to its property; the protection and enhancement of its physical and
visual environment; or the health and well-being of persons or property in the municipality. Municipal
Home Rule Law § 10(1)(ii)(a)(1), (11) and (13). The procedure for the enactment of local laws must be
followed, which includes a public hearing. Id., §§ 20, et seq. A referendum is authorized only if the
subject of the local law falls within sections 23 (mandatory referenda) or 24 (referenda on petition) of
the Municipal Home Rule Law. A local law dedicating park land is not subject to a referendum.
We note that areas dedicated for park purposes are impressed with a public trust and their use for other
than park purposes requires the direct and specific approval of the State Legislature, plainly conferred.
Matter of Ackerman v Steisel, 104 AD2d 940, 941 (2d Dept 1984), affd on memorandum below, 66
NY2d 833 (1985).
We conclude that a village by resolution or by local law may dedicate a parcel of land as park land.
Once dedicated for park purposes, land may not be used for other purposes without the express
authorization of 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