NY State Senate Bill 2017-S7818

Senate Bill S7818

2017-2018 Legislative Session

Authorizes the alienation of certain parklands located in the village of Penn Yan, county of Yates, for the continued operation of the Finger Lakes Tourism Alliance information center

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules Committee

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
Jun 20, 2018	recommitted to rules
Jun 06, 2018	ordered to third reading cal.1587
Jun 05, 2018	committee discharged and committed to rules
May 15, 2018	reported and committed to finance
Feb 28, 2018	referred to local government

Votes

- Jun 5, 2018 - Rules Committee Vote
  S7818
  
  25
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 5, 2018
      
      aye (25)
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Dilan
      
      Flanagan
      
      Gianaris
      
      Griffo
      
      Hannon
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Montgomery
      
      Parker
      
      Ranzenhofer
      
      Rivera
      
      Robach
      
      Savino
      
      Seward
      
      Stewart-Cousins
      
      Valesky

2017-S7818 (ACTIVE) - Details

See Assembly Version of this Bill:: A10027
Current Committee:: Senate Rules
Law Section:: Yates County

2017-S7818 (ACTIVE) - Summary

Authorizes the alienation of certain parklands located in the village of Penn Yan, county of Yates, for the continued operation of the Finger Lakes Tourism Alliance information center.

2017-S7818 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7818

SPONSOR: O'MARA
 
TITLE OF BILL:  An act in relation to authorizing the village of Penn
Yan, county of Yates, to alienate and convey certain parcels of land
used as parklands

 
PURPOSE OR GENERAL IDEA OF BILL:

This legislation authorizes the Village of Penn Yan to alienate certain
parcels of land to replace such parkland.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one authorizes the Village of Penn Yan to discontinue the use of
parklands and to lease lands described in Section three of this act for
the continued use of the Finger Lakes Tourism Alliance information
center.

Section two states that section one of this act will take effect on
condition that the Village acquire and dedicate property of similar

usefulness, and of such value, equal to or greater than the fair market
value of the parkland to be alienated.

Section three details the metes and bounds of the property to be alien-
ated.

Section four places restrictions on use and provides for the reversion
of the leased lands to parklands given misuse.

Section five requires the Village of Penn Yan to also comply with the
federal government should federal funds have been used to acquire the
lands described in section three.

Section six establishes the effective date.

 
JUSTIFICATION:

The Finger Lakes Tourism Alliance has leased parkland property from the
Village of Penn Yan for 50 years and renewed the lease once.  However,
the process of obtaining consent for the legal alienation of the park-
lands by the State Legislature was never effectively accomplished.
During that 50 year time, the Finger Lakes Tourism Alliance built an
information center for the distribution of regional recreational infor-
mation and tourism services. As the center has been established in Penn
Yan as a place of information distribution, the Finger Lakes Tourism
Alliance and Village of Penn Yan move to renew the lease, set to expire
July, 2018.

This legislation, passed through the Assembly and Senate, would author-
ize the legal alienation of the parklands and necessitate the allocation
of new land with equal or greater value, and similar use, as replacement
parkland.

 
PRIOR LEGISLATIVE HISTORY:

None.

 
FISCAL IMPLICATIONS:
None by the State.

 
EFFECTIVE DATE:
Immediately.

2017-S7818 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7818
 
                             I N  S E N A T E
 
                             February 28, 2018
                                ___________
 
 Introduced  by  Sen.  O'MARA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Local Government
 
 AN ACT in relation to authorizing the village of  Penn  Yan,  county  of
   Yates,  to  alienate  and convey certain parcels of land used as park-
   lands
 
   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, the Village of Penn
 Yan, located in the county of Yates, is hereby authorized, acting by and
 through its village board and upon such terms and conditions  as  deter-
 mined  by such board, to discontinue as parklands and alienate the lands
 more particularly described in section three of this act, and  to  lease
 such  parklands  at fair market value for the continued operation of the
 Finger Lakes Tourism Alliance information center at Red Jacket Park.
   § 2. The authorization contained in section one of this act shall take
 effect only upon the condition that the Village  of  Penn  Yan  dedicate
 lands  of like usefulness and of value equal to or greater than the fair
 market value of the lease interest being alienated pursuant  to  section
 one of this act as parklands.
   §  3. The lands authorized by section one of this act to be discontin-
 ued as parklands and leased by the Village of Penn Yan are described  as
 follows:
   ALL  THAT  CERTAIN  PLOT,  PIECE OR PARCEL OF LAND at Red Jacket Park,
 Village of Penn Yan, county of Yates and State of New York, more partic-
 ularly bounded and described as follows:
   Beginning at the intersection of the center line of Lake Street with a
 line of 10.00 feet from parallel to a line that passes through  the  two
 concrete  on the north line of house lot at 307 Lake Street; thence S37°
 - 43'W along said center line 129.39 feet to  Red  Jacket  Park;  thence
 N78°  -  32'W along the north line of Red Jacket Park 439.29 feet to the
 high water line of Keuka Lake; thence N25° -24'E  along  said  highwater
 line  25.50  feet  to  an  iron  pipe;  thence the following courses and
 distances along land reserved by the grantor: S78° - 32'E 240.33 feet to
 and iron pipe, N25° - 24'E through an iron pipe  34.33  feet  distant  a
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD14919-01-8

 S. 7818                             2
 
 total  distance of 136.77 feet to an iron pipe and S69° -07'E through an
 iron pipe at the edge of the sidewalk and 149.45 feet distant,  a  total
 distance  of  176.35  feet  to  the  place of beginning according to the
 survey made by Harnish & Lookup on August 17, 1950.
   §  4.  Should  the leased lands described in section three of this act
 cease to be used for the purposes described in section one of this  act,
 the lease shall terminate and those lands shall revert to the Village of
 Penn  Yan for public park and recreational purposes. At the time of such
 reversion, the removal of such tourism  information  center  shall  take
 place and the property shall be returned to its previous state, consist-
 ent with park and recreational purposes.
   §  5.  In  the event that the Village of Penn Yan received any funding
 support or assistance from the  federal  government  for  the  purchase,
 maintenance  or  improvement of the parklands set forth in section three
 of this act, the discontinuance of parkland authorized by the provisions
 of this act shall not occur until the Village of Penn Yan  has  complied
 with any federal requirements pertaining to the alienation or conversion
 of  such  parklands,  including satisfying the secretary of the interior
 that the alienation or conversion complies with 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 alienated or converted.
   § 6. This act shall take effect immediately.

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