NY State Senate Bill 2009-S6945

Senate Bill S6945

Signed By Governor

2009-2010 Legislative Session

Authorizes the village of Plandome Heights to discontinue the use of certain village lands as parkland and to sell and convey such lands

download bill text pdf

Archive: Last Bill Status Via A9992 - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 07, 2010	signed chap.160
Jun 25, 2010	delivered to governor
May 24, 2010	returned to assembly passed senate
May 05, 2010	home rule request 3rd reading cal.466 substituted for s6945
May 05, 2010	substituted by a9992
May 04, 2010	advanced to third reading
May 03, 2010	2nd report cal.
Apr 28, 2010	1st report cal.466
Feb 26, 2010	referred to local government

Votes

- May 24, 2010 - Floor Vote
  A9992
  
  57
  
  Aye
  
  1
  
  Nay
  
  0
  
  Absent
  
  4
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 24, 2010
      
      aye (57)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Aubertine
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Espada
      
      Farley
      
      Foley
      
      Fuschillo
      
      Golden
      
      Griffo
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Klein
      
      Krueger
      
      Kruger
      
      LaValle
      
      Larkin
      
      Libous
      
      Little
      
      Marcellino
      
      Maziarz
      
      McDonald
      
      Montgomery
      
      Nozzolio
      
      Onorato
      
      Oppenheimer
      
      Padavan
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Schneiderman
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      Volker
      
      Winner
      
      Young
      
      nay (1)
      
      Lanza
      
      excused (4)
      
      Flanagan
      
      Johnson
      
      Leibell
      
      Morahan
  Apr 28, 2010 - Local Government Committee Vote
  S6945
  
  7
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Local Government Committee Vote: Apr 28, 2010
      
      aye (7)
      
      Bonacic
      
      Johnson
      
      Little
      
      Oppenheimer
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      excused (1)
      
      Morahan

2009-S6945 (ACTIVE) - Details

See Assembly Version of this Bill:: A9992
Law Section:: Parks

2009-S6945 (ACTIVE) - Summary

Authorizes the village of Plandome Heights to discontinue the use of certain city lands as parkland and to sell and convey such lands.

2009-S6945 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6945

 TITLE OF BILL :
An act to authorize the village of Plandome Heights to discontinue the
use of certain land as parkland


 PURPOSE OR GENERAL IDEA OF BILL :
To allow for the Village of Plandome Heights to convey a portion of
the land known as Section 3, Block 28, Lot 295, which is used by the
Village as parkland, in order to resolve an adverse possession claim
on a portion of the parkland.

 SUMMARY OF SPECIFIC PROVISIONS :
Section one of the bill authorizes the Village of Plandome Heights
Board of Trustees to discontinue and convey the disputed plot of
parkland in exchange for fair market value.

Section three requires that the fair market value received in exchange
for the certain plot of land must be used by the village of Plandome
Heights for the acquisition of new parklands of at least equal fair
market value or for capital improvements to existing park facilities.

Section four describes the location and boundaries of the parkland to
be conveyed.

 JUSTIFICATION :
In 2006 a claim of adverse possession was made over a portion of Lot
295, to which the Village of Plandome Heights held title.  It is
unclear, as a matter of law, whether Lot 295 was used by the Village
as parkland or for proprietary purposes before the litigation was
initiated, however since the claim was made the village has begun to
use the undisputed area of Lot 295 as parkland. At this time, the
undisputed portion of Lot 295 is used by the Village as parkland.

In 2007, the adverse possession claim survived a motion to dismiss
made by the Village on the ground that it was a question of fact as to
whether Lot 295 was used as parkland or for proprietary purposes, and
the claimants were granted a preliminary injunction to continue using
the disputed area. Instead of burdening taxpayers with costly
litigation, the Village has reached a settlement agreement with the
claimants that would convey to them the disputed portion of Lot 295 in
return for fair market value.

It will no longer be decided whether, as a matter of law, Lot 295 is
or is not parkland. However, since the village now considers Lot 295
as parkland, it must receive authority from the New York State
Legislature to convey the disputed property to the claimants, and the
settlement is conditioned upon this authorization.

 PRIOR LEGISLATIVE HISTORY :
This is a new bill.

 FISCAL IMPLICATIONS :
None to the state.

 EFFECTIVE DATE :
This act shall take effect immediately.

2009-S6945 (ACTIVE) - Bill Text download pdf

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

                                  6945

                            I N  S E N A T E

                            February 26, 2010
                               ___________

Introduced  by  Sen.  C. JOHNSON  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Local Government

AN ACT to authorize the village of Plandome Heights to  discontinue  the
  use of certain land as parkland

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

  Section 1. Subject to the provisions of this act  but  notwithstanding
any  provision  of law to the contrary, the village of Plandome Heights,
located in the county of Nassau, is hereby  authorized,  acting  by  and
through  its  village  board of trustees, and upon such terms and condi-
tions as are determined by such board, to discontinue the use  as  park-
land  of  the  land  more particularly described in section four of this
act, and to discontinue and convey at fair market value  such  parklands
which are no longer needed for park purposes.
  S 2. Notwithstanding the failure of the village of Plandome Heights to
seek  or receive state legislative authorization to alienate those park-
lands described in section four of this act, such alienation  is  hereby
validated, legalized, ratified and confirmed.
  S  3.  The authorization provided for in section one of this act shall
be subject to the requirement that, upon the  alienation  of  the  lands
more  particularly described in section four of this act, the village of
Plandome Heights shall dedicate the fair market value of such lands  for
the  acquisition  of new parklands of equal or greater fair market value
and/or for capital improvements to existing park and recreational facil-
ities.
  S 4. The parklands authorized to be discontinued  by  section  one  of
this act are further bounded and described as follows:
  All  that  certain  plot,  piece  or parcel of land situate, lying and
being located within the Village of  Plandome  Heights,  Town  of  North
Hempstead,  County  of  Nassau and State of New York, being more partic-
ularly bounded and described as follows:
  Beginning at a point which is located  the  following  5  courses  and
distances  from the extreme southerly end of the arc of a curve having a

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15846-03-0

S. 6945                             2

radius of 13.69 feet and an arc length  of  32.20  feet  connecting  the
westerly side of Bay View Circle with the southerly side of Bay Drive:
  1.  Southerly along the westerly side of Bay View Circle being the arc
of a curve to the left having a radius of  124.12  feet  a  distance  of
89.24 feet to a point;
  2.  Southwesterly  and  westerly along the arc of a curve to the right
having a radius of 18.30 feet a distance of 32.82 feet  to  a  point  of
tangency,  on  the  northerly  side of Waterside Lane (private right-of-
way);
  3. North 82 degrees 13 minutes 00 seconds West 80.73 feet to  a  point
of curve;
  4.  Westerly  and  northwesterly along the arc of a curve to the right
having a radius of 32.14 feet a distance of 34.34 feet  to  a  point  of
compound curve;
  5.  Westerly and southerly along the arc of a curve to the left having
a radius of 45.00 feet, a distance of 144.10 feet to a point  being  the
true point of beginning, and from the said point of beginning
  RUNNING THENCE North 21 degrees 00 minutes 59 seconds West 153.32 feet
to a point;
  THENCE  North  24  degrees  35 minutes 04 seconds West 53.22 feet to a
point;
  THENCE North 25 degrees 42 minutes 16 seconds East  42.74  feet  to  a
point; and
  THENCE  North  46  degrees  11 minutes 25 seconds East 81.19 feet to a
point on the southerly side of Waterside Lane, to the point or place  of
BEGINNING.
  The  described property having an area of 3,522.2 square feet or .0809
acres.
  S 5. If the parkland or recreational facility being alienated by  this
act  has received federal funding pursuant to the land and water conser-
vation fund, then the federal conversion process shall be followed prior
to the transfer of parkland as stated in this act.
  S 6. If the parkland or recreational facility being alienated by  this
act  has  received federal funding pursuant to the urban park and recre-
ation and recovery program, then the federal conversion process shall be
followed prior to the transfer of parklands as stated in this act.
  S 7. This act shall take effect immediately.

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