S T A T E   O F   N E W   Y O R K
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                                  7946

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             April 28, 2009
                               ___________

Introduced by M. of A. SPANO, ESPAILLAT, FIELDS, JAFFEE, BARRON, EDDING-
  TON,  ENGLEBRIGHT,  WALKER  -- Multi-Sponsored by -- M. of A. BURLING,
  CHRISTENSEN, McDONOUGH, THIELE, WEISENBERG -- read once  and  referred
  to the Committee on Local Governments

AN  ACT  to amend the general municipal law, the county law, the village
  law, the general city law, the town law, the municipal home  rule  law
  and the statute of local governments, in relation to requiring a local
  referendum prior to legislative action taken to alienate parkland

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

  Section 1. Subdivision (b) of section 72-h of  the  general  municipal
law,  as added by chapter 233 of the laws of 1940, is amended to read as
follows:
  (b) The provisions of this section shall not apply to any real proper-
ty which is made  inalienable  under  the  provisions  of  any  general,
special  or  local  law  or of any charter.   PRIOR TO STATE LEGISLATIVE
ACTION TAKEN TO ALIENATE PARKLAND IN SUPERSESSION OF THE  PROVISIONS  OF
THIS  SUBDIVISION,  APPROVAL  OF  SUCH ACTION SHALL BE ATTAINED FROM THE
RESIDENTS DIRECTLY AFFECTED BY THE ALIENATION OF  THE  PARKLAND  THROUGH
THE MEANS OF A LOCAL REFERENDUM.
  S 2. Section 215 of the county law is amended by adding a new subdivi-
sion 12 to read as follows:
  12.  PRIOR  TO  STATE LEGISLATIVE ACTION TAKEN TO ALIENATE PARKLAND IN
SUPERSESSION OF ANY OF THE PROVISIONS OF THIS SECTION, APPROVAL OF  SUCH
ACTION  SHALL  BE  ATTAINED  FROM THE RESIDENTS DIRECTLY AFFECTED BY THE
ALIENATION OF THE PARKLAND THROUGH THE MEANS OF A LOCAL REFERENDUM.
  S 3. The village law is amended by adding a new section 1-103 to  read
as follows:
  S  1-103 LEGISLATIVE ACTION TO ALIENATE PARKLAND; REFERENDUM REQUIRED.
WHERE CERTAIN PARKLAND IS IMPRESSED WITH A PUBLIC TRUST, THEREBY  NECES-
SITATING  STATE LEGISLATIVE ACTION TO ALIENATE SUCH REAL PROPERTY, PRIOR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07896-01-9
              

A. 7946                             2

TO SUCH LEGISLATIVE ACTION, APPROVAL OF SUCH ACTION  SHALL  BE  ATTAINED
FROM  THE  RESIDENTS DIRECTLY AFFECTED BY THE ALIENATION OF THE PARKLAND
THROUGH THE MEANS OF A LOCAL REFERENDUM.
  S 4. Subdivision 2 of section 20 of the general city law is amended by
adding a new closing paragraph to read as follows:
  PRIOR TO STATE LEGISLATIVE ACTION TAKEN TO ALIENATE PARKLAND IN SUPER-
SESSION  OF  ANY  OF  THE  PROVISIONS  OF THIS SECTION, APPROVAL OF SUCH
ACTION SHALL BE ATTAINED FROM THE RESIDENTS  DIRECTLY  AFFECTED  BY  THE
ALIENATION OF THE PARKLAND THROUGH THE MEANS OF A LOCAL REFERENDUM.
  S  5. Subdivision 2 of section 64 of the town law, as amended by chap-
ter 365 of the laws of 1980, is amended to read as follows:
  2. Acquisition and conveyance of real property. May acquire by  lease,
purchase, in the manner provided by law, or by acquisition in the manner
provided by the eminent domain procedure law, any lands or rights there-
in,  either  within  or  outside  the  town boundaries, required for any
public purpose, and may, upon the adoption of a  resolution,  convey  or
lease  real  property in the name of the town, which resolution shall be
subject to a  permissive  referendum.  If  the  property  or  rights  be
acquired by acquisition, the town board may subject to the provisions of
the  eminent  domain  procedure law at once enter into possession of the
real property or rights described when the judgment shall have been made
and entered, and the town shall thereupon stand charged and  responsible
for  the  prompt  payment of the amount which may ultimately be awarded.
Lands or rights required for a district purpose shall be acquired by the
town board in the name of the district, and the cost thereof shall be  a
charge  upon and assessed against such district. Such district lands and
rights may be sold or leased  in  the  manner  provided  in  subdivision
twelve  of  section  one  hundred  ninety-eight of this chapter.   WHERE
CERTAIN PARKLAND IS IMPRESSED WITH THE PUBLIC TRUST, THEREBY NECESSITAT-
ING STATE LEGISLATIVE ACTION TO ALIENATE SUCH REAL  PROPERTY,  PRIOR  TO
SUCH  LEGISLATIVE ACTION, APPROVAL OF SUCH ACTION SHALL BE ATTAINED FROM
THE RESIDENTS DIRECTLY  AFFECTED  BY  THE  ALIENATION  OF  THE  PARKLAND
THROUGH THE MEANS OF A LOCAL REFERENDUM.
  S 6. The municipal home rule law is amended by adding a new section 12
to read as follows:
  S  12.  LEGISLATIVE  ACTION TO ALIENATE PARKLAND; REFERENDUM REQUIRED.
WHERE CERTAIN PARKLAND IS IMPRESSED WITH A PUBLIC TRUST, THEREBY  NECES-
SITATING  STATE LEGISLATIVE ACTION TO ALIENATE SUCH REAL PROPERTY, PRIOR
TO SUCH LEGISLATIVE ACTION, APPROVAL OF SUCH ACTION  SHALL  BE  ATTAINED
FROM  THE  RESIDENTS DIRECTLY AFFECTED BY THE ALIENATION OF THE PARKLAND
THROUGH THE MEANS OF A LOCAL REFERENDUM.
  S 7. The statute of local governments  is  amended  by  adding  a  new
section 11-a to read as follows:
  S  11-A. LEGISLATIVE ACTION TO ALIENATE PARKLAND; REFERENDUM REQUIRED.
WHERE CERTAIN PARKLAND IS IMPRESSED WITH A PUBLIC TRUST, THEREBY  NECES-
SITATING  STATE LEGISLATIVE ACTION TO ALIENATE SUCH REAL PROPERTY, PRIOR
TO SUCH LEGISLATIVE ACTION, APPROVAL OF SUCH ACTION  SHALL  BE  ATTAINED
FROM  THE  RESIDENTS DIRECTLY AFFECTED BY THE ALIENATION OF THE PARKLAND
THROUGH THE MEANS OF A LOCAL REFERENDUM.
  S 8. This act shall take effect immediately.