Assembly Bill A2384

2019-2020 Legislative Session

Provides for a review process of proposals to alienate municipal parkland

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly 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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

co-Sponsors

2019-A2384 (ACTIVE) - Details

Current Committee:
Assembly Local Governments
Law Section:
Parks, Recreation and Historic Preservation Law
Laws Affected:
Add Art 16 §§16.01 - 16.15, Pks & Rec L
Versions Introduced in Other Legislative Sessions:
2015-2016: A10703
2017-2018: A2695

2019-A2384 (ACTIVE) - Summary

Provides for a review process of proposals to alienate municipal parkland; requires replacement lands to be of similar or greater acreage and fair market value than the parcel to be alienated and that the proposed review contain a discussion of the replacement parkland's proximity to the parkland being alienated; makes related provisions.

2019-A2384 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2384
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2019
                                ___________
 
 Introduced  by  M. of A. FAHY -- read once and referred to the Committee
   on Local Governments
 
 AN ACT to amend the parks, recreation and historic preservation law,  in
   relation  to  providing  for a review process of proposals to alienate
   municipal parkland
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  parks,  recreation  and historic preservation law is
 amended by adding a new article 16 to read as follows:
                                ARTICLE 16
                       MUNICIPAL PARKLAND ALIENATION
 SECTION 16.01 DECLARATION OF POLICY.
         16.03 DEFINITIONS.
         16.05 MUNICIPAL PARKLAND ALIENATION.
         16.07 PARKLAND ALIENATION PROPOSAL REVIEW.
         16.09 PARKLAND ALIENATION REPORTING.
         16.11 PARKLAND ALIENATION ENFORCEMENT.
         16.13 STATE AUDITS.
         16.15 PUBLIC TRUST DOCTRINE NOT AFFECTED.
   § 16.01 DECLARATION OF POLICY. THE LEGISLATURE FINDS AND DECLARES THAT
 MUNICIPALLY OWNED PARKLAND ENHANCES THE QUALITY OF LIFE, COMMUNITY CHAR-
 ACTER, AND ECONOMIC VITALITY OF LOCAL COMMUNITIES AND  PROVIDES  HEALTHY
 AND  AFFORDABLE  RECREATIONAL  AND EDUCATIONAL OPPORTUNITIES TO NEW YORK
 STATE RESIDENTS AND VISITORS.  ONCE LOST, MUNICIPAL PARKLAND  IS  DIFFI-
 CULT  TO  RECOVER.  ACCORDINGLY,  THE  DISCONTINUATION  OR ALIENATION OF
 MUNICIPAL PARKLAND SHOULD BE ACCOMPANIED BY REPLACEMENT WITH  COMPARABLE
 PARKLAND TO BE AVAILABLE TO THE COMMUNITY AND RESIDENTS OF THE STATE.
   NEW  YORK  STATE  COURTS  HAVE  LONG  HELD  THAT MUNICIPAL PARKLAND IS
 SUBJECT TO A "PUBLIC TRUST" FOR THE BENEFIT OF THE PUBLIC. FOR MORE THAN
 A CENTURY, NEW YORK STATE COURTS HAVE UPHELD THE REQUIREMENT THAT MUNIC-
 IPAL PARKLAND MAY NOT BE ALIENATED  WITHOUT  PRIOR  ENACTMENT  OF  STATE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.