 |
 |
 |
 |
 |
 |
 |
 |
 |
Kamhi
v. Planning Board of the Town of Yorktown
The Court of Appeals ruled that a planning board may not impose a condition on clustered subdivision approval that compels a developer to convey title of a portion of the land to the municipality for its use as a park, without compensation.
The Yorktown Planning Board had required as a condition of approval that the petitioner convey approximately 40 percent of his land to the Town for development as a public park serving all the people of the community. The petitioner had offered to develop the land as a park for the residents of his development, but he was not willing to open it to the public or to convey it to the Town without compensation. The court held that the authorizing statute does “not contain language from which may be implied a legislative grant of power to compel conveyance of land for streets or park purposes without compensation.” Kamhi v. Planning Board of the Town of Yorktown, 59 N.Y.2d 385, 452 N.E.2d 1193, 465 N.Y.S.2d 865.
