NY State Senate Bill 2023-S8860

Senate Bill S8860

2023-2024 Legislative Session

Authorizes the town of Eden, county of Erie to discontinue as parklands and alienate certain lands

download bill text pdf

Current Bill Status - In Senate Committee Local Government 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 22, 2024	referred to local government

2023-S8860 (ACTIVE) - Details

See Assembly Version of this Bill:: A9754
Current Committee:: Senate Local Government
Law Section:: Parks

2023-S8860 (ACTIVE) - Summary

Authorizes the town of Eden, county of Erie, to discontinue as parklands and alienate certain lands for the purpose of providing needed resources to the existing parks within such town.

2023-S8860 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8860

SPONSOR: GALLIVAN
 
TITLE OF BILL:

An act in relation to authorizing the town of Eden to alienate and
discontinue the use of certain parklands

 
PURPOSE:

Authorizes the Town of Eden, Erie County, to alienate certain unused
parklands and to sell such parcels in order to provide needed resources
to enhance the Town's existing park system and recreational facilities.

 
SUMMARY OF PROVISIONS:

Section one authorizes the town of Eden to discontinue as parklands and
alienate the lands described in section three to sell and convey such
lands as fair market value, for the purpose of providing needed
resources to enhance the existing parks within the town.

Section 2. Requires that such authorization provided in section one to

be effective only upon the condition that the town dedicate an amount
equal to or greater than the fair market value of the parklands to be
discontinued toward new parklands and/or capital improvements to exist-
ing park and recreational facilities.

Section 3. Describes the parkland to be alienated.

Section 4.  Establishes federal requirements.

Section 5. Establishes the effective date.

 
JUSTIFICATION:

The Town of Eden, situated within Erie County, has requested authori-
zation to alienate unused parkland, deeded to it by developers of a
neighboring subdivision, that boarder's residential properties.  The
parkland in question has remained unused for over 16 years and the Town
has no proposed use for the land, as it already maintains existing parks
within two miles of said location. Moreover, revenue from the sale of
these parcels will afford the Town with the funds necessary to enhance
its existing parks and recreational facilities.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately.

2023-S8860 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8860
 
                             I N  S E N A T E
 
                              March 22, 2024
                                ___________
 
 Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Local Government
 
 AN ACT in relation to authorizing the  town  of  Eden  to  alienate  and
   discontinue the use of certain parklands
 
   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  town  of  Eden,
 located  in the county of Erie, acting by and through its governing body
 and upon such terms and conditions as determined by such body, is hereby
 authorized to discontinue as  parklands  and  alienate  the  lands  more
 particularly  described  in  section  three of this act, and to sell and
 convey such lands at fair market value, for  the  purpose  of  providing
 needed resources to enhance the existing parks within the town.
   §  2.  The  authorization provided in section one of this act shall be
 effective only upon the condition that the town of Eden, county of Erie,
 dedicate an amount equal to or greater than the fair market value of the
 parklands being discontinued toward the  acquisition  of  new  parklands
 and/or  capital  improvements  to existing park and recreational facili-
 ties.
   § 3. The parklands authorized by section one of this act to be  alien-
 ated are described as follows:
 
                                 PARCEL 1:
 
   All  That Tract or Parcel of Land, Town of Eden, County of Erie, State
 of New York, being part of Lot No.  29,  Township  8,  Range  8  of  the
 Holland Land Company's Survey, bounded and described as follows:
   Beginning  at a point in the east line of map cover number 2553 at the
 northeast corner of East Pleasant Avenue, a 70 foot wide right of way;
   thence S 89°-59'-29" E, a distance of 23.01 feet to a point of  curva-
 ture;
   thence  northeasterly  along  a  curve  to the left having a radius of
 265.00 feet and an arc length of 196.21  feet  to  a  point  of  reverse
 curvature;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14978-02-4
 S. 8860                             2
 
   thence  northeasterly  along  a  curve to the right having a radius of
 335.00 feet and an arc length of 246.70 feet;
   thence N 89°-46'-49" E, a distance of 221.93 feet;
   thence  S  01°-28'-52"  W,  a distance of 70.03 feet to a point in the
 south line of East Pleasant Avenue, a 70 foot wide right of way;
   thence S 89°-46'-49" W, a distance of 219.85 feet to a point of curva-
 ture;
   thence southwesterly along a curve to the  left  having  a  radius  of
 265.00  feet  and  an  arc  length  of 195.15 feet to a point of reverse
 curvature;
   thence southwesterly along a curve to the right  having  a  radius  of
 335.00 feet and an arc length of 248.03 feet;
   thence  N  89°-59'-29"  W,  a distance of 24.77 feet to a point in the
 east line of map cover 2553;
   thence N 01°-26'-47" E, a distance of  70.02  feet  to  the  point  of
 beginning, containing 1.11 acres more or less.
 
                                 PARCEL 2:
 
   All  that tract or Parcel of Land, Town of Eden, County of Erie, State
 of New York, being part of Lot No.  29,  Township  8,  Range  8  of  the
 Holland Land Company's Survey, bounded and described as follows:
   Beginning at a point in the southeast corner of map cover number 2591;
   thence N 01°-26'-47" E, a distance of 77.07 feet;
   thence S 89°-59'-29" E, a distance of 148.74 feet;
   thence N 67°-30'-55" E. a distance of 438.02 feet;
   thence N 89°-46'-49" E, a distance of 225.00 feet;
   thence S 01°-28'-52" W, a distance of 218.15 feet;
   thence S 89°-4I'-30" E, a distance of 199.95 feet;
   thence S 01°-28'-52" W. a distance of 31.50 feet;
   thence  N  89°-41'-30"  W.  a  distance of 973.92 feet to the point of
 beginning, containing 3.19 acres more or less
 
   § 4. In the event that the town of Eden 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  and  alienation  of such parkland authorized by the
 provisions of this act shall not  occur  until  the  town  of  Eden  has
 complied  with  any federal requirements pertaining to the alienation or
 conversion of parklands, including satisfying the secretary of the inte-
 rior that the alienation or  conversion  complies  with  all  conditions
 which  the  secretary  of  the  interior  deems  necessary to ensure the
 substitution of other lands shall be equivalent in fair market value and
 usefulness to the lands being alienated or converted.
   § 5. This act shall take effect immediately.

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