senate Bill S5600

Relates to the reporting of alienation of municipal parkland

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 24 / May / 2013
    • REFERRED TO CULTURAL AFFAIRS, TOURISM, PARKS AND RECREATION
  • 08 / Jan / 2014
    • REFERRED TO CULTURAL AFFAIRS, TOURISM, PARKS AND RECREATION
  • 29 / May / 2014
    • 1ST REPORT CAL.1017
  • 02 / Jun / 2014
    • 2ND REPORT CAL.
  • 03 / Jun / 2014
    • ADVANCED TO THIRD READING
  • 10 / Jun / 2014
    • PASSED SENATE
  • 10 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 10 / Jun / 2014
    • REFERRED TO LOCAL GOVERNMENTS

Summary

Relates to the reporting of alienation of municipal parkland.

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Bill Details

See Assembly Version of this Bill:
A10066
Versions:
S5600
Legislative Cycle:
2013-2014
Current Committee:
Law Section:
Parks, Recreation and Historic Preservation Law
Laws Affected:
Add Art 16 §§16.01 - 16.05, Pks & Rec L

Sponsor Memo

BILL NUMBER:S5600 REVISED 1/9/14

TITLE OF BILL: An act to amend the parks, recreation and historic
preservation law, in relation to the reporting of alienation of
municipal parkland

PURPOSE OR GENERAL IDEA OF BILL: Municipally owned parkland is vital
to local communities. Once lost, municipal parkland is difficult to
recover. The alienation of municipal parkland should be limited to
instances of compelling public need where no other alternative is
available, and should be accompanied by replacement parkland.

SUMMARY OF SPECIFIC PROVISIONS: *Defines "municipal parkland,"
"municipal, parkland alienation," "municipality," and "parkland
alienation legislation."

*Provides that any municipality that has received alienation
authorization through enactment of municipal parkland alienation
legislation shall submit a report to the Office of Parks, Recreation
and Historic Preservation.

*Provides for enforcement powers by the attorney general for
violations of this act by a municipality.

JUSTIFICATION: For more than a century, New York courts have held that
municipal parkland is subject to a "public trust" for the benefit of
the public. As a result, courts have rules that municipal parkland may
not be alienated without prior enactment of state legislation
authorizing such alienation. This legislation seeks to codify
reporting requirements to help ensure that alienation legislation and
the public trust doctrine is properly followed.

Municipally owned parkland greatly enhances the quality of life,
community character, and economic vitality of communities throughout
New York State by providing healthy, affordable, and educational
opportunities to New Yorkers and tourists. Unfortunately, once lost
municipal parkland is difficult, if not impossible, to recover.
Therefore, the alienation of parkland should be limited to instances
of compelling public need where no other alternative is available and
should be accompanied by replacement parkland to be made available to
the community.

PRIOR LEGISLATIVE HISTORY: This is a new bill.

FISCAL IMPLICATIONS: None by the State.

EFFECTIVE DATE: This act shall take effect on January 1, 2015.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5600

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 24, 2013
                               ___________

Introduced  by  Sen. SERRANO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Cultural Affairs, Tourism,
  Parks and Recreation

AN ACT to amend the parks, recreation and historic preservation law,  in
  relation to the reporting of alienation of municipal parkland

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The parks, recreation  and  historic  preservation  law  is
amended by adding a new article 16 to read as follows:
                               ARTICLE 16
                      MUNICIPAL PARKLAND ALIENATION
SECTION 16.01 DEFINITIONS.
        16.03 PARKLAND ALIENATION REPORTING.
        16.05 PARKLAND ALIENATION ENFORCEMENT.
  S 16.01 DEFINITIONS. WHEN USED IN THIS ARTICLE:
  1.  "MUNICIPAL PARKLAND" SHALL MEAN REAL PROPERTY OR INTERESTS THEREIN
THAT IS OWNED BY A MUNICIPALITY THAT PROVIDES PUBLIC  PARK,  RECREATION,
OR  OPEN  SPACE  PROTECTION PURPOSES. MUNICIPAL PARKLAND INCLUDES: LANDS
THAT HAVE BEEN DEDICATED FOR SUCH PURPOSES BY THE MUNICIPALITY THROUGH A
FORMAL RESOLUTION OR SIMILAR ACTION; LANDS THAT HAVE BEEN  PURCHASED  OR
ACCEPTED FOR SUCH PURPOSES; OR LANDS THAT CURRENTLY OR HISTORICALLY HAVE
BEEN AVAILABLE TO AND USED BY THE PUBLIC FOR SUCH PURPOSES.
  2.  "MUNICIPAL PARKLAND ALIENATION" SHALL MEAN ANY ACTION BY A MUNICI-
PALITY TO SELL, LEASE, DISCONTINUE, OR CHANGE THE USE OF MUNICIPAL PARK-
LAND.
  3. "MUNICIPALITY" SHALL MEAN A COUNTY,  TOWN,  CITY,  OR  VILLAGE.  IT
SHALL  ALSO  MEAN  A  SCHOOL  DISTRICT OR OTHER POLITICAL SUBDIVISION IN
INSTANCES WHERE SUCH ENTITY HAS OBTAINED STATE OR FEDERAL GRANT  FUNDING
FOR THE CREATION OF MUNICIPAL PARKLAND.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08231-02-3

S. 5600                             2

  4. "PARKLAND ALIENATION LEGISLATION" SHALL MEAN LEGISLATION INTRODUCED
IN THE STATE LEGISLATURE AUTHORIZING A MUNICIPALITY TO ALIENATE PARKLAND
UNDER ITS JURISDICTION.
  S  16.03  PARKLAND  ALIENATION  REPORTING.  ANY  MUNICIPALITY THAT HAS
RECEIVED ALIENATION AUTHORIZATION THROUGH ENACTMENT OF  MUNICIPAL  PARK-
LAND ALIENATION LEGISLATION SHALL SUBMIT A REPORT TO THE OFFICE NO LATER
THAN  DECEMBER THIRTY-FIRST OF THE CALENDAR YEAR FOLLOWING THE ENACTMENT
OF THE LEGISLATION. SUCH REPORT SHALL BE SIGNED  BY  THE  MUNICIPALITY'S
CHIEF EXECUTIVE OFFICER AND SHALL INCLUDE:
  1.  A  NARRATIVE  DESCRIPTION OF THE STATUS OF THE PARKLAND ALIENATION
ACTIONS AUTHORIZED AND REQUIRED IN THE LEGISLATION; AND
  2. AN ATTESTATION THAT THE MUNICIPALITY HAS COMPLIED WITH  ALL  CONDI-
TIONS  OF  THE PARKLAND ALIENATION LEGISLATION, INCLUDING THE DEDICATION
OF ANY REQUIRED REPLACEMENT PARKLAND OR, IN THE CASE  OF  UTILITY  EASE-
MENTS, THE DEDICATION OF FUNDING FOR THE ACQUISITION OF ADDITIONAL PARK-
LAND OR CAPITAL IMPROVEMENTS TO EXISTING PARKLAND FACILITIES; OR
  3.  IN  THE EVENT THAT ANY CONDITION OF THE PARKLAND ALIENATION LEGIS-
LATION HAS NOT BEEN FULLY COMPLIED WITH, THE MUNICIPALITY SHALL  PROVIDE
THE  OFFICE  WITH  AN INTERIM REPORT DETAILING THE STATUS OF ITS ACTIONS
AND AN EXPLANATION AS TO WHY CERTAIN CONDITIONS HAVE NOT BEEN MET, ALONG
WITH THE ANTICIPATED DATE BY WHICH SUCH  CONDITIONS  WILL  BE  MET.  THE
MUNICIPALITY  SHALL CONTINUE TO FILE INTERIM REPORTS ANNUALLY UNTIL SUCH
TIME AS THE CONDITIONS HAVE BEEN  MET  AND  A  FINAL  REPORT  IS  FILED.
UNLESS  A LONGER TIME PERIOD IS SPECIFIED IN THE LEGISLATION AUTHORIZING
THE ALIENATION, IF THE CONDITIONS OF THE ALIENATION HAVE NOT BEEN MET BY
DECEMBER THIRTY-FIRST OF THE THIRD CALENDAR YEAR FOLLOWING THE ENACTMENT
OF PARKLAND ALIENATION LEGISLATION, THE MUNICIPALITY SHALL BE SUBJECT TO
ENFORCEMENT PURSUANT TO SECTION 16.05 OF THIS ARTICLE.
  S 16.05 PARKLAND ALIENATION  ENFORCEMENT.  AN  ACTION  FOR  INJUNCTIVE
RELIEF  AS PROVIDED IN THIS SECTION AGAINST A MUNICIPALITY VIOLATING ANY
PROVISION OF THIS ARTICLE MAY BE BROUGHT BY THE  ATTORNEY  GENERAL  UPON
REFERRAL  BY  THE  OFFICE  OR UPON HIS OR HER OWN INITIATIVE.  A MUNICI-
PALITY MAY BE ENJOINED FROM ALIENATING PARKLAND WHERE  IT  ACTS  OR  HAS
ACTED  IN FURTHERANCE OF PARKLAND ALIENATION WITHOUT COMPLIANCE WITH THE
REQUIREMENTS OF THIS ARTICLE, INCLUDING REPORTING REQUIREMENTS AND PARK-
LAND ALIENATION LEGISLATION REQUIREMENTS.
  S 2. The state commissioner of parks, recreation and historic  preser-
vation  is  authorized  to  promulgate  such guidelines and/or rules and
regulations as he or she deems necessary to implement the provisions  of
this act on or before its effective date.
  S 3. This act shall take effect January 1, 2015.

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