Senate Bill S726

2023-2024 Legislative Session

Provides for a review process of proposals to alienate municipal parkland

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Cultural Affairs, Tourism, Parks And Recreation 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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2023-S726 (ACTIVE) - Details

Current Committee:
Senate Cultural Affairs, Tourism, Parks And Recreation
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:
2009-2010: S7128
2011-2012: S1916
2013-2014: S928
2015-2016: S709
2017-2018: S3208
2019-2020: S2941
2021-2022: S1418

2023-S726 (ACTIVE) - Summary

Provides for a review process of proposals to alienate municipal parkland.

2023-S726 (ACTIVE) - Sponsor Memo

2023-S726 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    726
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2023
                                ___________
 
 Introduced  by Sens. SERRANO, HOYLMAN, KRUEGER, PARKER -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Cultural Affairs, Tourism, Parks and Recreation
 
 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02814-01-3
              

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