* 72-k. Notification of change in use of property used for recreational purposes.

Terms Used In N.Y. General Municipal Law 72-K*2

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.

1. Whenever an owner of real property used for recreational purposes desires to change the use of such property he shall notify the chief executive officer of each municipal corporation in which the property is situated of his intention to so change the use. Such notification shall be made by certified or registered mail and may be given at any time before the change in use becomes effective. The notice shall indicate the location of the property, the use to which it is presently devoted and the proposed new use.

2. Failure to give notice pursuant to the provisions of this section shall not constitute a cloud on the title nor affect in any manner the title to the real property involved.

3. As used in this section the term:

(a) "Real property used for recreational purposes" shall include but not be limited to the utilization of real property for parks, picnic areas, swimming facilities, golf courses and other such similar facilities available to the general public.

(b) "Chief executive officer" shall mean:

(1) In the case of a county, the county executive or manager, or if there is none, the chairman of the board of supervisors.

(2) In the case of cities, the mayor, except in those cities having a city manager, it shall mean such city manager.

(3) In the case of towns, the supervisor.

(4) In the case of villages, the mayor, except in those villages having a president or manager, it shall mean such latter officer.

(c) "Change the use" shall mean the use of recreational property or a portion thereof for non-recreational purposes or the permanent discontinuance of such property or a portion thereof for recreational purposes.

* NB There are 2 § 72-k's