NY State Senate Bill 2015-S7018

Senate Bill S7018

Signed By Governor

2015-2016 Legislative Session

Relates to authorizing the village of Philadelphia to alienate and convey certain parcels of land used as parkland

download bill text pdf

Archive: Last Bill Status - 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 21, 2016	signed chap.197
Jul 13, 2016	delivered to governor
Jun 15, 2016	returned to senate passed assembly home rule request ordered to third reading rules cal.368 substituted for a10174a
Jun 14, 2016	referred to ways and means delivered to assembly passed senate home rule request
May 23, 2016	amended on third reading 7018a
Apr 11, 2016	advanced to third reading
Apr 06, 2016	2nd report cal.
Apr 05, 2016	1st report cal.533
Mar 16, 2016	referred to local government

Votes

- Jun 14, 2016 - Floor Vote
  S7018
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 14, 2016
      
      aye (61)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Peralta
      
      Perkins
      
      Persaud
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      excused (2)
      
      Diaz
      
      Parker
  Apr 5, 2016 - Local Government Committee Vote
  S7018
  
  8
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Local Government Committee Vote: Apr 5, 2016
      
      aye (8)
      
      Boyle
      
      Hoylman-Sigal
      
      Latimer
      
      Marchione
      
      Murphy
      
      Ortt
      
      Ritchie
      
      Valesky
      
      excused (1)
      
      Panepinto

Bill Amendments

Original

A (Active)

2015-S7018 - Details

Law Section:: Parks

2015-S7018 - Summary

Relates to authorizing the village of Philadelphia to alienate and convey certain parcels of land used as parkland and to acquire other parcels of land to replace such parkland.

2015-S7018 - Sponsor Memo

                                 BILL NUMBER:  S7018

 TITLE OF BILL :  An act authorizing the village of Philadelphia to
alienate and convey certain parcels of land used as parkland and to
acquire other parcels of land to replace such parkland

 PURPOSE :

To authorize the Village of Philadelphia to alienate certain parkland

 SUMMARY OF PROVISIONS :

Section 1 authorizes the village of Philadelphia in the County of
Jefferson, through its village council, to discontinue and alienate
certain parklands.

Section 2 provides that the authorization in section one is effective
only upon the condition that the village dedicates an amount equal to
or greater than the fair market value of the parklands being alienated
to the acquisition of new parklands and/or toward capital improvements
to existing parkland and recreational facilities

Section 3 describes the lands authorized to discontinue and alienate
as parklands

Section 4 provides that if the land being alienated by the act has

received funding pursuant to a the federal land and water conservation
fund, the discontinuance of parklands authorized by the provisions of
this act shall not occur until the municipality has complied with the
federal requirements pertaining to the conversion of parklands.

Section 5 is the effective date.

 EXISTING LAW :

The requirement that a municipality obtain legislative authorization
in order to alienate parkland is not found in statute; rather this
doctrine has been upheld and proliferated through case law. The courts
have consistently held that "once land has been dedicated to use as a
park, it cannot be diverted for uses other than recreation, in whole
or in part, temporarily or permanently, even for another public
purpose, without legislative approval." United States v. City of New
York, 96 F.Supp.2d 195, 202 (E.D.N.Y. 2000)(citing Williams v.
Gallatin, 128 N.E. 121, 122 (1920)). The authorization contained in
the act must be plainly conferred, specific, direct or explicit. See
Aldrich v. City of New York, 145 N.Y.S.2d 732, 741 (Sup. Ct. 1955) and
Gewirtz v.  City of Long Beach,330 N.Y.S.2d 495, 509 (Sup. Ct. 1972).

 JUSTIFICATION :

The Village of Philadelphia purchased a parcel of land, known as Tax
Map Parcel Number 46.39-1-59.3 approximately ten years ago for the
purpose of developing an entrance to the Water Tower Park and to add
parking to the recreation area. Since then, the village has determined
that the parcel is no longer needed for that public purpose and wishes
to alienate the property to offer it for sale. The proceeds from the
sale will be dedicated to recreational purposes for the Village. This
bill authorizes the sale as such authorization is required to convey
public parkland, provided however the proceeds from the sale are
devoted to the acquisition of new parklands and/or toward capital
improvements to existing parkland and recreational facilities.

 LEGISLATIVE HISTORY :

New Bill.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately.

2015-S7018 - Bill Text download pdf

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

                                  7018

                            I N  S E N A T E

                             March 16, 2016
                               ___________

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

AN ACT authorizing the village of Philadelphia to  alienate  and  convey
  certain  parcels of land used as parkland and to acquire other parcels
  of land to replace such parkland

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

  Section 1. The village of Philadelphia, county of Jefferson, acting by
and through its village council, is hereby authorized to discontinue and
alienate as parklands, the lands described in section three of this act.
  S  2.  The  authorization provided in section one of this act shall be
effective only upon the condition that the village of Philadelphia dedi-
cate an amount equal to or greater than the fair  market  value  of  the
parklands  being  alienated  to  the acquisition of new parklands and/or
toward capital improvements to existing parkland and recreational facil-
ities.
  S 3. The lands to be  discontinued  as  parklands  and  alienated  and
conveyed is more fully described as follows:
  ALL  that Tract or Parcel of land situate in the Village of Philadelp-
hia, County of Jefferson and State of New York and is a part of subdivi-
sion of lots Nos. 610 and 611 of Great Lot No. 4  of  McComb's  purchase
and  bounded  as follows, beginning at a point in centre of road leading
westerly from the Village of Philadelphia, past  the  M.E.  Church  lot,
also  a corner of Philena Jacob's land and north 5 1/2° E. 2 chains from
an oak stake, thence S. 5 1/2° W. 2 chains and 69 links to an oak stake,
thence S. 86 1/2° W. 77 feet to an oak stake, thence N.   5  1/2°  E.  2
chains  and  69  links  to the center of aforesaid road, thence easterly
along centre of said road 77 feet to the place of beginning.  The  fore-
going description is from a deed by Mattie H. Rodenhurst to Celia Dayton
dated  Aug.  11,  1896  and  recorded in Jefferson County Clerk's Office
March 1, 1897, in Book 285 of Deeds, page 299.
  ALSO, ALL THAT TRACT OR PARCEL OF LAND,  situate  in  the  Village  of
Philadelphia,  County of Jefferson, State of New York, and being part of
the same premises conveyed by Estella Ashley to James E. Leach  and  May

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

                                                           LBD14559-01-6

S. 7018                             2

E.  Leach,  his  wife,  by  deed dated April 5, 1921 and recorded in the
Jefferson County Clerk's Office April 12, 1921 in Liber  363  of  Deeds,
page  502,  and later conveyed by Shirley Armina Davis and Jeaniene Muse
Sech  to  Rosanna  D.  Graves  by  warranty deed dated May 23, 1950, and
recorded in the Jefferson County Clerk's Office May 24, 1950,  in  Liber
534  of  Deeds, page 174, bounded and described as follows: BEGINNING at
the Northwest corner of the above parcel and running along the  westerly
boundary  thereof  as  described and perpendicular to Church Street in a
generally Southerly direction 191 feet to a point; thence  a-  generally
right angles thereto and in a generally Easterly direction and along the
Southerly boundary of said parcel 25 feet to a point; thence at general-
ly  right  angles  thereto  and  in  a generally Northerly direction and
parallel with the Westerly line herein described 191 feet to the  center
of  Church  Street;  thence  at  right angles thereto and in a generally
Westerly direction along the center of Church  Street  25  feet  to  the
place of beginning.
  S  4. If the land that is the subject of this act has received funding
pursuant to the federal land and water conservation fund, the discontin-
uance of parklands authorized by the provisions of this  act  shall  not
occur  until the municipality has complied with the federal requirements
pertaining to the conversion  of  parklands,  including  satisfying  the
secretary  of  the  interior  that  the  discontinuance will include all
conditions which the secretary of the interior deems necessary to assure
the substitution of other lands shall be equivalent in fair market value
and recreational usefulness to the lands being discontinued.
  S 5. This act shall take effect immediately.

2015-S7018A (ACTIVE) - Details

Law Section:: Parks

2015-S7018A (ACTIVE) - Summary

Relates to authorizing the village of Philadelphia to alienate and convey certain parcels of land used as parkland and to acquire other parcels of land to replace such parkland.

2015-S7018A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7018A

 TITLE OF BILL :  An act authorizing the village of Philadelphia to
alienate and convey certain parcels of land used as parkland and to
acquire other parcels of land to replace such parkland

 PURPOSE :

To authorize the Village of Philadelphia to alienate certain parkland

 SUMMARY OF PROVISIONS :

Section 1 authorizes the village of Philadelphia in the County of
Jefferson, through its village council, to discontinue and alienate
certain parklands.

Section 2 provides that the authorization in section one is effective
only upon the condition that the village dedicates an amount equal to
or greater than the fair market value of the parklands being alienated
to the acquisition of new parklands and/or toward capital improvements
to existing parkland and recreational facilities

Section 3 describes the lands authorized to discontinue and alienate
as parklands

Section 4 provides that if the land being alienated by the act has

received funding pursuant to a the federal land and water conservation
fund, the discontinuance of parklands authorized by the provisions of
this act shall not occur until the municipality has complied with the
federal requirements pertaining to the conversion of parklands.

Section 5 is the effective date.

 EXISTING LAW :

The requirement that a municipality obtain legislative authorization
in order to alienate parkland is not found in statute; rather this
doctrine has been upheld and proliferated through case law. The courts
have consistently held that "once land has been dedicated to use as a
park, it cannot be diverted for uses other than recreation, in whole
or in part, temporarily or permanently, even for another public
purpose, without legislative approval." United States v. City of New
York, 96 F.Supp.2d 195, 202 (E.D.N.Y. 2000)(citing Williams v.
Gallatin, 128 N.E. 121, 122 (1920)). The authorization contained in
the act must be plainly conferred, specific, direct or explicit. See
Aldrich v. City of New York, 145 N.Y.S.2d 732, 741 (Sup. Ct. 1955) and
Gewirtz v.  City of Long Beach,330 N.Y.S.2d 495, 509 (Sup. Ct. 1972).

 JUSTIFICATION :

The Village of Philadelphia purchased a parcel of land, known as Tax
Map Parcel Number 46.39-1-59.3 approximately ten years ago for the
purpose of developing an entrance to the Water Tower Park and to add
parking to the recreation area. Since then, the village has determined
that the parcel is no longer needed for that public purpose and wishes
to alienate the property to offer it for sale.  This bill authorizes
the sale as such authorization is required to convey public parkland,
provided however the proceeds from the sale are devoted to the
acquisition of new parklands and/or toward capital improvements to
existing parkland and recreational facilities. The proceeds from the
sale will be dedicated to recreational purposes for the Village,
specifically for the purpose of maintaining existing parkland.

 LEGISLATIVE HISTORY :

New Bill.
 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately.

2015-S7018A (ACTIVE) - Bill Text download pdf

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

                                 7018--A
    Cal. No. 533

                            I N  S E N A T E

                             March 16, 2016
                               ___________

Introduced  by  Sen. RITCHIE -- read twice and ordered printed, and when
  printed to be committed  to  the  Committee  on  Local  Government  --
  reported  favorably  from  said committee, ordered to first and second
  report, ordered to a third reading,  amended  and  ordered  reprinted,
  retaining its place in the order of third reading

AN  ACT  authorizing  the village of Philadelphia to alienate and convey
  certain parcels of land used as parkland and to acquire other  parcels
  of land to replace such parkland

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

  Section 1. The village of Philadelphia, county of Jefferson, acting by
and through its village council, is hereby authorized to discontinue and
alienate as parklands, the lands described in section three of this act.
  S 2. The authorization provided in section one of this  act  shall  be
effective only upon the condition that the village of Philadelphia dedi-
cate  an  amount  equal  to or greater than the fair market value of the
parklands being alienated to the acquisition  of  new  parklands  and/or
toward capital improvements to existing parkland and recreational facil-
ities.
  S  3.  The  lands  to  be  discontinued as parklands and alienated and
conveyed is more fully described as follows:
  ALL that Tract or Parcel of land situate in the Village of  Philadelp-
hia, County of Jefferson and State of New York and is a part of subdivi-
sion  of  lots  Nos. 610 and 611 of Great Lot No. 4 of McComb's purchase
and bounded as follows, beginning at a point in centre of  road  leading
westerly  from  the  Village  of Philadelphia, past the M.E. Church lot,
also a corner of Philena Jacob's land and north 5 1/2° E. 2 chains  from
an oak stake, thence S. 5 1/2° W. 2 chains and 69 links to an oak stake,
thence  S.  86  1/2°  W. 77 feet to an oak stake, thence N.  5 1/2° E. 2
chains and 69 links to the center of  aforesaid  road,  thence  easterly
along  centre of said road 77 feet to the place of beginning.  The fore-
going description is from a deed by Mattie H. Rodenhurst to Celia Dayton
dated Aug. 11, 1896 and recorded  in  Jefferson  County  Clerk's  Office
March 1, 1897, in Book 285 of Deeds, page 299.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD14559-02-6

S. 7018--A                          2

  ALSO,  ALL  THAT  TRACT  OR  PARCEL OF LAND, situate in the Village of
Philadelphia, County of Jefferson, State of New York, and being part  of
the  same  premises conveyed by Estella Ashley to James E. Leach and May
E. Leach, his wife, by deed dated April 5,  1921  and  recorded  in  the
Jefferson  County  Clerk's  Office April 12, 1921 in Liber 363 of Deeds,
page 502, and later conveyed by Shirley Armina Davis and  Jeaniene  Muse
Sech  to  Rosanna  D.  Graves  by  warranty deed dated May 23, 1950, and
recorded in the Jefferson County Clerk's Office May 24, 1950,  in  Liber
534  of  Deeds, page 174, bounded and described as follows: BEGINNING at
the Northwest corner of the above parcel and running along the  westerly
boundary  thereof  as  described and perpendicular to Church Street in a
generally Southerly direction 191 feet to a point; thence  a-  generally
right angles thereto and in a generally Easterly direction and along the
Southerly boundary of said parcel 25 feet to a point; thence at general-
ly  right  angles  thereto  and  in  a generally Northerly direction and
parallel with the Westerly line herein described 191 feet to the  center
of  Church  Street;  thence  at  right angles thereto and in a generally
Westerly direction along the center of Church  Street  25  feet  to  the
place of beginning, said parcel of land containing 15,912 square feet or
0.37 acres, more or less.
  S  4. If the land that is the subject of this act has received funding
pursuant to the federal land and water conservation fund, the discontin-
uance of parklands authorized by the provisions of this  act  shall  not
occur  until the municipality has complied with the federal requirements
pertaining to the conversion  of  parklands,  including  satisfying  the
secretary  of  the  interior  that  the  discontinuance will include all
conditions which the secretary of the interior deems necessary to assure
the substitution of other lands shall be equivalent in fair market value
and recreational usefulness to the lands being discontinued.
  S 5. This act shall take effect immediately.

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