City-Owned and Leased Property Database Launched

municipal art society of new yorkThe Municipal Art Society launches a dynamic database for searching city-owned and leased property. On November 21, 2016, the Municipal Art Society of New York (“MAS”) issued a report entitled Public Assets: City-Owned and Leased Properties (Public Assets) which aggregated information on city-owned and leased properties and how they relate to the environment, infrastructure, landmarks, population, and local rezonings. The report was accompanied by the first-ever interactive city map that compiles information for more than … <Read More>


City-owned Parcel Ruled Not Parkland

City-owned land was used as an unlicensed community garden. The City of New York owns a parcel of real property at 3052 West 21st Street along the Coney Island Boardwalk. Between 1997 and 2004 the City licensed the site as community garden under the City’s “Green Thumb” program. In 1999 the City terminated the garden’s license in order to develop the site into a parking lot for a minor league baseball stadium. The City … <Read More>


CityLaw: Three Policy Questions for Nonprofit Property Tax Exemptions

A long-standing feature of American tax policy is the exemption granted to nonprofit organizations, the largest of which is the exemption from local property taxes. The exemption, with origins back to the 18th century, is widespread. Among the 50 states, 17 state constitutions mandate property tax exemptions for charitable organizations, 25 authorize the legislature to give exemptions, and eight do not address the issue. New York State establishes two classes of exemptions for nonprofits:  … <Read More>


NYC Mayoral Candidates Land Use Policy Recap

The Mayoral Election will help shape the City’s land use and housing policymaking decisions. Between now and June 20th, early voting is available for the NYC Primary, in which New Yorkers will help decide who will be the next Mayor of New York City. Over the course of their campaigns, mayoral candidates have developed and shared their positions on a variety of land use and housing issues including developing affordable housing, handling the eviction and <Read More>


City’s Claim for Tree Damage Dismissed

Sidewalk contractor injured City trees during sidewalk reconstruction. A property owner hired Tri-Rail Construction, Inc., to repair the sidewalk adjacent to the owner’s property. During the course of the sidewalk repair work Tri-Rail injured City-owned trees. The City sued Tri-Rail for money damages for the injury to the City trees.


Trees: Tort Liability For Injuries Involving Trees

Trees under the common law were considered natural conditions with the result that possessors of land were not liable for injuries caused trees. Professor William Prosser wrote in the first edition of the hornbook on Torts (1941) that the traditional common law rule was that the possessor of land was under no affirmative duty to make safe dangerous conditions on the land that were natural in origin. Prosser went on to say, however, that there … <Read More>