NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5900
SPONSOR: Fitzpatrick PURPOSE:
To permit the alienation of certain parkland in the County of Suffolk
and provide for the substitution and dedication of alternative lands as
parkland by the county.
SUMMARY OF PROVISIONS:
This bill would authorize the county of Suffolk to discontinue as park-
land a .23-acre parcel of land adjacent to a residential property and
convey the interest in such parcel to the owner of the residential
parcel. In exchange for the county parcel, the owners of the residential
property will convey to the county a parcel of land that is adjacent to
the current park for dedication as county parkland.
JUSTIFICATION:
The county of Suffolk is seeking authority to alienate a quarter-acre
piece of parkland in the town of Smithtown in exchange for a like sized
parcel of land.
Adjacent to the county of Suffolk parcel is a parcel owned by Russel and
Deana Galindo. In improving their property, the Galindo's-constructed
improvements that extended Onto the county owned land adjoining their
property.
The County is seeking to alienate and convey to the Galindo's the on. In
exchange for the conveyance of the county owned lands, the Galindo's
have agreed to convey to the county their interest in a similar sized
parcel of property boarding the current eastern line of the county park-
land. Such lands will be dedicated by the county as parkland and in
doing so it will ensure that the county park will maintain its current
size and usefulness.
PRIOR LEGISLATIVE HISTORY:
2020: A.7609-B - Remained in Local Governments Committee
FISCAL IMPLICATIONS:
None to State.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
5900
2025-2026 Regular Sessions
IN ASSEMBLY
February 24, 2025
___________
Introduced by M. of A. FITZPATRICK -- read once and referred to the
Committee on Local Governments
AN ACT authorizing the county of Suffolk to alienate certain lands used
as parklands and to dedicate certain other lands as parklands
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subject to the provisions of this act, the county of
2 Suffolk, acting by and through its governing body and upon such terms
3 and conditions as determined by such board is hereby authorized to
4 discontinue as parklands and alienate the lands described in section
5 three of this act to Russel and Deana Galindo for the purpose of resi-
6 dential improvements.
7 § 2. The authorization provided in section one of this act shall be
8 effective only upon the condition that Russel and Deana Galindo convey
9 to the county of Suffolk, and that the county of Suffolk acquire and
10 dedicate the lands described in section four of this act as parklands,
11 provided that the county of Suffolk has never used such lands for public
12 open space or park purposes.
13 § 3. The parklands authorized by section one of this act to be alien-
14 ated are described as follows: All that certain plot, piece or parcel
15 of land, with the buildings and improvements thereon erected, situate,
16 lying and being in Smithtown, town of Smithtown, county of Suffolk and
17 the state of New York situated being more particular bounded and
18 described as follows:
19 BEGINNING at a point of being south 80 degrees 13 minutes 30 seconds
20 west 75.71 feet from the south easterly corner of map entitled "prestige
21 estates at smithtown" filed in the Suffolk county clerk's office on
22 September 9, 2005 under map no. 11304
23 THENCE running south 09 degrees 46 minutes 04 seconds east 56.91 feet.
24 THENCE running south 79 degrees 36 minutes 19 seconds west 227.94 feet.
25 THENCE running north 27 degrees 33 minutes27 seconds west 14.99 feet.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09109-01-5
A. 5900 2
1 THENCE running along a curve bearing to the right with a radius of
2 600.00 feet and a length of 234.12 feet said curve also having a chord
3 bearing of north 69 degrees 02 minutes 48 seconds east and a length of
4 232.64 feet.
5 THENCE running north 80 degrees 13 minutes 30 seconds east 4.29 feet to
6 a point or place of beginning. Containing a total of 10,113.62 square
7 feet or approximately 0.232 acres.
8 Parcel Also known as Suffolk County Tax Map # 0800-022.00-01.00- Part of
9 009.000.
10 § 4. Prior to the discontinuance of the parklands described in
11 section three of this act, Russel and Deana Galindo shall convey to the
12 county of Suffolk, and the county of Suffolk shall acquire and dedicate
13 as parklands, such land described as follows:
14 All that certain plot, piece or parcel of land, with the buildings and
15 improvements thereon erected, situate, lying and being in Smithtown,
16 town of Smithtown, county of Suffolk and the State of New York situated
17 being more particularly bounded and described as follows:
18 BEGINNING at a point being the south easterly corner of map entitled
19 "prestige estates at smithtown" filed in the Suffolk county clerk's
20 office on September 9, 2005 under Map No. 11304;
21 THENCE running south 80 degrees 13 minutes 30 seconds west 75.71 feet.
22 THENCE running north 09 degrees 46 minutes 04 seconds west 132.98
23 feet.
24 THENCE running north 75 degrees 01 minutes 50 seconds east 76.01 feet.
25 THENCE running south 09 degrees 46 minutes 30 seconds east 139.86 feet
26 to the point of place of beginning. Containing 10,327.43 square feet or
27 approximately 0.237 acres.
28 Parcel also known as Suffolk County tax map # 0800-022.00-01.00-Part
29 of 008.004.
30 § 5. In the event that the fair market value of the parklands
31 described in section four of this act to be dedicated by the county of
32 Suffolk pursuant to this act are not equal to or greater than the fair
33 market value of the parklands to be alienated as described in section
34 three of this act, the county of Suffolk shall dedicate the difference
35 of the fair market value of the lands to be alienated and the lands to
36 be dedicated for the acquisition of additional parklands and/or capital
37 improvements to existing park and recreational facilities.
38 § 6. In the event that the county of Suffolk received any funding
39 support or assistance from the federal government for the purchase,
40 maintenance or improvement of the parklands set forth in section three
41 of this act, the discontinuance and alienation of such parkland author-
42 ized by the provisions of this act shall not occur until Suffolk county
43 has complied with any federal requirements pertaining to the alienation
44 or conversion of parklands, including satisfying the secretary of the
45 interior that the alienation or conversion complies with all conditions
46 which the secretary of the interior deems necessary to assure the
47 substitution of other lands shall be equivalent in fair market value and
48 usefulness to the lands being alienated or converted.
49 § 7. This act shall take effect immediately.
