BILL NUMBER:S5212

TITLE OF BILL:  An act requiring the commissioner of parks, recreation
and historic preservation to take a parcel of land through the eminent
domain procedure for a state park commemorating Marylander Green,
America's first battle memorial

PURPOSE:  This bill would require the State Commissioner of Park,
Recreation and Historic Preservation to acquire the 170 Eighth Street
in Brooklyn by eminent domain for the purpose of creating a state park
commemorating Maryland Heroes from the Battle of Brooklyn (Long
Island) in the American Revolution., America's first battle memorial

SUMMARY OF SPECIFIC PROVISIONS: Section 1:  Legislative findings,
Location of site Section 2: Effective Date

EXISTING LAW:  No current law dealing with Marylander Park

JUSTIFICATION:  The subject property, 170 - 8 Street, Lot 11 on Block
1003 in the Borough of Brooklyn, has long been recognized as part of
the area where the 256 Maryland Heroes were buried who died covering
the retreat of the Continental Army on August 27, 1776. The
Gowanus/Park Slope area, where the site is located, has undergone
drastic changes in the last 15 years. Deindustrialization, coupled
with a striking increase in property values, have led to the
demolition of many older buildings in the neighborhood that were part
              

of the first wave of commercial and tenement construction after 1890,
and which were cited in the historical evidence as overlying the
Marylanders' graves, making locating any human remains more difficult.
Many have already been replaced by luxury housing.

The subject property, the only vacant land that is part of the
Marylander Burial Site, is for sale and is likely to be redeveloped as
luxury housing absent any public action, leading to obscuring the
burials forever.

There is no onsite recognition of the Maryland Heroes, who have been
the subject of memorialization efforts by both the states of New York
and Maryland, the federal government, and local citizens, since at
least 1900. The sacrifice of the Maryland Heroes saved the American
Revolution, and remains a subject of historical research by the state
of Maryland.Substantial assistance from Maryland, the federal
government and other jurisdictions is anticipated.

LEGISLATIVE HISTORY: New Legislation

FISCAL IMPLICATIONS:  Fiscal Impact to the State to be determined by
land acquisition cost as well as there will be future costs to operate
and maintain the newly created park.

LOCAL FISCAL IMPLICATIONS: None

EFFECTIVE DATE:  This act shall take effect immediately.