DEP Environmental Protection Invoices, 1999-2001

NYC 9/11 Public Portal Document

NYC Environmental Law Fax:212-788-1619 Dec 27 2000 16:46 P.09

"(t)he AG acknowledges that there is no case law which requires the city to obtain approval of the State Legislature before the city can install its own infrastructure beneath its parkland. It is not disputed that underneath City parkland are many non-park facilities that benefit the public generally and do not serve just the parkland above, including water tunnels, sewer facilities and public utility lines." (District Court Opinion at A773).

While the District Court's statement is limited to New York City, the assertion that municipal infrastructure

exists beneath parks is arguably applicable to the majority of municipalities in New York state. Any such use

of land beneath parks for public works infrastructure in no way circumvents or diminishes the public policies

underlying the Public Trust Doctrine. All citizens retain the ability to utilize parklands for their recreation and

enjoyment despite the existence of public works facilities beneath the surface.

B. NY General City Law §20(2) Is Inapplicable In The Instant Action

The Public Trust Doctrine is codified in NY General City Law §20(2) which states that every city is

empowered "to acquire real and personal property within the limits of the city, for any public or municipal

purpose, and to sell and convey the same, but the rights of a city in and to its waterfront, ferries, bridges,

wharf property, land under water, public landings, wharves, docks, streets, avenues, parks, and all public

places, are hereby declared to be inalienable." N.Y. Gen. City §20(2) (McKinney's 1989). When the plain

language of a statute is precise and unambiguous, it is determinative. Washington Post Co. v. NYS insurance

D=, 61 N.Y.2d 557, 565, 475 N.Y.S.2d 263, 265 (1984). A reading of the precise and unambiguous

language of NY General City Law §20(2) clearly reveals that what is inalienable are the rights of a city in and

to its various types of property. NY General City Law §20(2) (McKinney's 1989). Absent a diminishment of

a city's rights in and to a particular parcel, NY General City Law §20(2) does not apply. No interest in the

parkland at issue in this case is being transferred. The rights of New York City in and to Mosholu park are not

in any way being altered in the instant action; the property will remain under the complete possession, control

NYC-WTC 000137824