Bill Text: NY S04352 | 2025-2026 | General Assembly | Introduced

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Bill Title: Requires the pedestrian pathway located between Broadway and Amsterdam Avenue on West 116th Street in the city of New York, also known as College Walk, to be open to public pedestrians.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2025-02-04 - REFERRED TO CITIES 1 [S04352 Detail]

Download: New_York-2025-S04352-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4352

                               2025-2026 Regular Sessions

                    IN SENATE

                                    February 4, 2025
                                       ___________

        Introduced  by  Sen.  CLEARE -- read twice and ordered printed, and when
          printed to be committed to the Committee on Cities 1

        AN ACT requiring the pedestrian pathway  located  between  Broadway  and
          Amsterdam  Avenue  on  West 116th Street in the city of New York, also
          known as College Walk, to be open to public pedestrians

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.    Legislative  intent.  "College Walk" as it is now known
     2  started out life as a mapped New York city street and was  part  of  the
     3  official street grid until the 1950's representing a public thoroughfare
     4  on West 116th Street between Amsterdam Avenue and Broadway.  In 1954 for
     5  the sum of $1,000 the city turned over the street to Columbia University
     6  to  create a "pedestrian walk" so long as the city retained a "perpetual
     7  easement" for the right of pedestrian passage between Broadway and Amst-
     8  erdam Avenue.  With the rarest of possible exceptions, over the past  71
     9  years,  the  university has generally lived up to the terms of the ease-
    10  ment and has rarely closed College Walk, save for events like  the  9/11
    11  Terrorist  Attacks and certain outdoor graduation festivities.  However,
    12  since late 2023 and extending unto the present  moment,  the  university
    13  has  shuttered  the gates with padlocks citing security concerns.  While
    14  it is the sense of the legislature that the  safety  of  those  both  on
    15  campus  and in Morningside Heights is paramount, sound public policy and
    16  legal doctrine hold that land over which the city has  an  easement  and
    17  which  binds  Columbia  University  to the right of perpetual pedestrian
    18  passage cannot be shut off for unreasonable lengths of time.  The  state
    19  has an interest in protecting easements that facilitate public transpor-
    20  tation  and  participation in private and civic life--particularly those
    21  where a local government, such as New York city is part to it.
    22    § 2. College Walk access.   The  pedestrian  pathway  located  between
    23  Broadway  and  Amsterdam  Avenue on West 116th Street in the city of New
    24  York, also known as College Walk, shall be open  to  public  pedestrians

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08733-02-5
        S. 4352                             2

     1  pursuant  to  the  provisions of the 1953 agreement with such city which
     2  ceded such portion of West 116th Street to Columbia University.
     3    § 3. Standing to enforce provisions. 1. Any member of the public shall
     4  have  standing to bring an action in any court of competent jurisdiction
     5  to enforce the provisions of this statute.
     6    2. Such action may be brought to enjoin and restrain violations of the
     7  statute, to compel compliance with the statute, or  to  seek  any  other
     8  appropriate relief.
     9    §  4. Award of attorney fees. 1. If a member of the public prevails in
    10  an action brought under this  act,  the  court  shall  award  reasonable
    11  attorney fees and costs to the prevailing party.
    12    2. The award of attorney fees and costs pursuant to this section shall
    13  be in addition to any other relief granted by the court.
    14    § 5. This act shall take effect immediately.