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![handle is hein.nyscompop/nyscomo1988 and id is 1 raw text is: Opinion 88-1
Opinion 88-1
This opinion represents the views of the Office of the State Comptroller at the time it was
rendered. The opinion may no longer represent those views if, among other things, there have
been subsequent court cases or statutory amendments that bear on the issues discussed in
the opinion.
PARKING FACILITIES -- Conveyance of (to U.S. Postal Service); (necessity of special act
authorizing)
REAL PROPERTY -- Conveyances Generally (of village parking lot) -- Gifts (of parking lot to U.S.
Postal Service)
GENERAL MUNICIPAL LAW, §72-h: The U.S. Postal Service is an agency of the federal government
for purposes of this section.
GENERAL MUNICIPAL LAW, §72-h; VILLAGE LAW, §1-102(2): It appears that a village should
obtain special legislation prior to conveying a village parking lot to the U.S. Postal Service. Whether a
particular parcel of village property is unneeded for village purposes is a question of fact.
This is in reply to your inquiry concerning the proposed conveyance to the U.S. Postal Service of
property presently used as a village parking lot. You ask whether the parking lot may be determined
to be unneeded for village purposes if the proceeds from the sale of the parcel are used by the village
to purchase or lease a parking lot as a substitute for the one conveyed. You also ask whether the
village may convey the parking lot to the U.S. Postal Service, whether or not it is determined to be
unneeded, for nominal consideration pursuant to General Municipal Law, §72-h.
Village Law, §1-102(1) authorizes villages to take, purchase, hold lease, sell and convey such real
and personal property as the purposes of the corporation may require. Section 1-102 does not
expressly state that only property which is no longer needed for village purposes may be conveyed
(2f. County Law, §215[4]). However, this Office has consistently expressed the opinion that village
property, having been acquired and used for a village purpose, may not be sold or conveyed unless
the village board has first determined that the property is no longer needed for village purposes (1982
Opns St Comp No. 82-341, p 432; 1979 Opns St Comp No. 79-29, unreported; 1973 Opns St Comp
No. 73-889, unreported; see also 1985 Opns St Comp No. 85-37, p 51; cf. Fisher v Becker, 32 AD2d
786, 302 NYS2d 470, affd 26 NY2d 938, 310 NYS2d 327, concerning a conveyance under Article 15
of the General Municipal Law).
Whether a given parcel of village real property is no longer needed for village purposes is a question
of fact to be determined, in the first instance, by the village board. Accordingly, this Office expresses
no opinion on whether the parcel in question is needed for village purposes. However, it would appear
that a village board could have a rational basis for declaring a parcel to be unneeded if the village
were to coincidently acquire an equivalent parcel to replace the parcel conveyed so that thevillage
taxpayers would suffer no meaningful discontinuance of the availability of real property for a particular
use.
Notwithstanding the general authority in section 1-102 to convey unneeded real property, municipal
lands which are impressed with a public trust may not be alienated without specific State legislative
authority. It is well-established that lands dedicated to public park purposes fall within this category
(Ackerman v Steisel, 104 AD2d 940, 480 NYS2d 556, affd 66 NY2d 833, 498 NYS2d 364; Brooklyn
Park v Armstrong, 45 NY 234; Gerwitz v City of Long Beach, 69 Misc 2d 763, 330 NYS2d 495, affd 45
AD2d 841, 358 NYS2d 957). Further, dicta in at least two cases suggests, without detailed analysis,
that lands held for the purpose of public parking are similarly impressed with a public trust and,
therefore, are inalienable without express authorization from the State Legislature (Ambassador
Manaaement v Village of Hempstead, 186 Misc 74, 58 NYS2d 880, affd 270 App Div 898, 62 NYS2d
165, app dsmd 296 NY 666; Delihan v O'Dwyer, 197 Misc 950, 97 NYS2d 326, revd on other grnds
277 App Div 407, 100 NYS2d 512, affd 302 NY 451). In view of these cases, we have previously
advised that, to eliminate any question of a village's authority under section 1-102 to convey property
used as a parking facility, the safest course for a village to follow would be to seek a special act of the
State Legislature to authorize a conveyance of land dedicated to use as a public parking lot (1978
Opinion 88-1](ViewImageLocal?handle=hein.nyscompop/nyscomo1988&div=1&collection=&method=preview&ext=.png&size=3)