§ 1.03 Definitions. Whenever used in this chapter, unless a different meaning clearly appears from the context:

Terms Used In N.Y. Parks, Recreation and Historic Preservation Law 1.03

  • 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.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Personal property: All property that is not real property.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.

1. "Office" shall mean the state office of parks, recreation and historic preservation.

2. "Commissioner" shall mean the state commissioner of parks, recreation and historic preservation.

3. "Council" shall mean the state council of parks, recreation and historic preservation.

4. "Regional park, recreation and historic preservation commission" shall mean a regional park, recreation and historic preservation commission as described in section 7.03.

5. "Person" shall mean any individual, partnership, public or private corporation, political subdivision (including a school district), department, bureau or division of the state or a government agency, association, firm, trust, estate, joint-venture or any other legal entity whatsoever.

6. "Region" or "park region" shall mean a park region as established by the provisions of section 7.01.

7. "Municipality" shall mean a city, county, town or village, or an improvement district within a city, county, town or village or within any combination thereof.

8. "Governing body" shall mean:

(a) in the case of a town, the town board;

(b) in the case of a county outside the city of New York, the county board of supervisors or other elective governing body;

(c) in the case of a city, the local legislative body thereof.

(d) in the case of a village, the board of trustees or other elective governing body;

(e) in the case of an improvement district, the official body or board having responsibility for the conduct of the affairs of such district.

9. "Improvement district" shall mean an improvement, assessment or special district.

10. "Property" shall mean real or personal property.

11. "Real property" shall mean lands, improvements and structures thereon, rights, franchises and interests therein, lands under water and riparian rights, and any and all interests in lands less than full title, including, without limitation, temporary or permanent easements (including scenic or conservation easements), divided or undivided interests, rights of way, uses, leases, licenses, and any other estate, interest or right in lands, legal or equitable.

12. "Personal property" shall mean any property, or interest therein, other than real property.

14. "Historic site" shall mean any real property, buildings or structures acquired or designated by the commissioner pursuant to his historic preservation powers, functions and duties, and those historic sites continued pursuant to the provisions of sections 13.01 and 19.05.

15. "Traffic" shall mean traffic as defined in § 152 of the vehicle and traffic law.

16. "Highway" shall mean a highway as defined in § 118 of the vehicle and traffic law.

17. "Parkway" shall mean a highway heretofore or hereafter acquired or constructed by the department, a regional park commission or any state park or parkway authority for the purpose of access to state parks, which is listed in the regulations of the commissioner pursuant to section 13.03.

18. "Vehicle" shall mean a vehicle as defined in § 159 of the vehicle and traffic law.