Legal Opinion

Opn. No.

New York Attorney General Reports

Decided September 26, 1991Published

1Opinion of the Court

Requestor: William M. Kavanaugh, Esq., Corporation Counsel City of Newburgh City Hall 83 Broadway Newburgh, New York 12550

Written by: Harvey Berman, Assistant Attorney General

You have asked whether the City of Newburgh may enact a local forfeiture law allowing it to seize any personal or real property found to be used, in violation of Federal or State law, in the transport or sale of contraband.

Under the home rule provisions of the New York Constitution and the Municipal Home Rule Law, municipalities have the power to adopt local laws, consistent with the Constitution and general State laws,…

2Cases cited6 opinions

  1. New York State Club Assn., Inc. v. City of New YorkSupreme Court of the United States · 1988
  2. Adler v. DeeganNew York Court of Appeals · 1929
  3. New York State Club Ass'n v. City of New YorkNew York Court of Appeals · 1987
  4. Jancyn Manufacturing Corp. v. County of SuffolkNew York Court of Appeals · 1987
  5. Robin v. Incorporated Village of HempsteadNew York Court of Appeals · 1972

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