DEP Environmental Protection Invoices, 1999-2001

NYC 9/11 Public Portal Document

NYC Environmental Law Fax:212-788-1619 Dec 27 2000 16:47 P.12

very existence, are dependent upon the adequate supply of pure and wholesome water. 300 U.S. at 371.

While these decisions are a number of years old, it is no less true today that "(a) city without water would be

a desolate place." Dunbar v. City of New York_ 251 U.S. 516, 518 (1920).

New York courts also view the construction and extension of New York City's waterworks system as a

function necessary for the preservation of public health and safety and of benefit to the general public.

Jamaica W t r Supply v. City of New York, 280 A.D. 834, 114 N.Y.S.2d 79 2d Dep't 1952), affirmed, 304

N.Y. 917 (1953); Town of Hempstead v. Village of Rockville Centre, 67 Misc.2d 123, 323 N.Y.S.2d 872

(Sup. Ct., Nassau Cty. 1971); Parsons Constr Coro v. City of New York, 163 vlisc.932, 298 N.Y.S. 276 (NY

City Ct. 1937).

A municipality must be conferred necessary and reasonable authority to perform the essential

governmental function of operating and maintaining a system of water supply to meet the needs of its

residents. Extension of the Public Trust Doctrine to include lands beneath parks would unfairly burden local

governments in their efforts to maintain water supply systems and other critical services such as sewer lines

or drainage systems by making it more difficult to install new pipes and conduits or repair existing ones. A

local government would be forced to embark upon costly detours around parkland or seek prior state

approval. Either alternative would result in greater costs and unjustified delays which could unreasonably

place at risk the health, safety and welfare of residents. As such, an extension of the Public Trust Doctrine so

as to prohibit the installation of public works appurtenances underneath parks would unreasonably inhibit

municipal ability to provide essential services to its residents.

B. A Local Government Is Far Better Suited To Determine And Address Its Public Works Infrastructure Needs Than Is The State Legislature

Any extension of the Public Trust Doctrine to include land beneath parks would act to usurp local home

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