Parkland, the Public Trust Doctrine and Prior Public Use

, New York Law Journal


In his Condemnation and Tax Certiorari column, Michael Rikon, a partner of Goldstein, Rikon, Rikon & Houghton, writes that the protection of parkland falls under the broader panoply of the public trust doctrine, which holds that the government is required to maintain certain resources for the public's reasonable use, but, as the Court of Appeals determined last week, reasonable use can encompass more than one valid option.

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