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Release of Pineland Development Restrictions Invalidated

BY Stewart E. Sterk
November 01, 2016

Once Suffolk County pays a landowner to acquire Pineland Development Rights, can the county give some of those rights back to the landowner, without even requiring the landowner to pay for them? When the county enacted a local law authorizing a local body to do just that, an environmental group challenged the local law, and the litigation reached Suffolk County Supreme Court in Matter of Long Island Pine Barrens Society, Inc. v. Suffolk County Legislature, 2016 NY Slip Op 26321. That court, in an opinion by Justice Thomas F. Whelan, invalidated the local law. The court's decision appears unimpeachable as a matter of equity, but the legal bases for the court's decision raise a number of questions.

The Case

Beginning in 1974, Suffolk County local laws authorized the county to purchase development rights from owners of agricultural lands. When the landowners conveyed these development rights, known as Pineland Development Rights, or PDRs, the landowners covenanted not to use the premises for any purpose other than agricultural production or open space. In return, the landowners received cash and diminished tax assessments that reflected the limited uses they could make of the land. In 1985, the county codified the local laws as chapter 8 of the Suffolk County Code. The 1985 version of chapter 8 prohibited the county from alienating the PDRs unless a voter referendum approved the alienation.

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