Authorizes the discontinuance of certain parklands in the town of Cortlandville, county of Cortland for lease to Park Outdoor Advertising of New York, Inc. for the purpose of erecting, maintaining and operating an electronic sign.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8373A
SPONSOR: Kelles TITLE OF BILL:
An act in relation to authorizing the town of Cortlandville to discon-
tinue the use of certain parklands
PURPOSE OR GENERAL IDEA OF BILL:
To authorize the Town of Cortlandville to alienate parkland.
SUMMARY OF PROVISIONS:
Section one of the bill authorizes the Town of Ithaca to alienate the
parcel of parkland described in the bill and to lease at fair market
value to Park Outdoor Advertising of New York, Inc. for a term not to
exceed 10 years the land more particularly described in section 4 of
this act for the purpose of erecting, maintaining and operating an elec-
tronic sign;
Section 2 of the bill states that this validates, legalizes, ratifies
and confirms the alienation of parkland which was leased to Park Outdoor
Advertising of NY, Inc. prior to being alienated;
Section 3 of the bill states this authorization is conditioned on the
Town dedicating all proceeds of the lease toward the acquisition of new
parklands and/or capital improvements to existing park and recreational
facilities;
Section 4 of the bill describes the parcel to be alienated;
Section 5 of the bill provides that, should the parcel described in
section 4 cease to be used for the purposes described in section 1 of
this act, the lease shall terminate and the parcel shall revert to the
Town for park and recreational purposes.
Section 6 of the bill provides that if the Town received any funding
support or assistance from the federal government for the purchase,
maintenance or improvement of the parklands set forth in section 41, the
alienation of this parcel shall not occur until the Town has complied
with any federal requirements; pertaining to the alienation of park-
lands;
Section 7 of the bill is the effective date.
JUSTIFICATION:
The Town of Cortlandville has indicated, by formal resolution, that it
wishes to discontinue the use of this small parcel for park and recre-
ation purposes and wishes the New York State Legislature to authorize
and empower the Town to alienate this small parcel of parkland. This
bill provides the requested authorization to alienate this property as
parkland.
PRIOR LEGISLATIVE HISTORY:
New bill
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None
EFFECTIVE DATE:
Immediately
STATE OF NEW YORK
________________________________________________________________________
8373--A
2025-2026 Regular Sessions
IN ASSEMBLY
May 13, 2025
___________
Introduced by M. of A. KELLES -- read once and referred to the Committee
on Local Governments -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT in relation to authorizing the town of Cortlandville to discon-
tinue the use of certain 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 town of Cort-
2 landville, located in the county of Cortland, acting by and through its
3 governing body and upon such terms and conditions as determined by such
4 body, is hereby authorized to discontinue as parklands and to lease at
5 fair market value to Park Outdoor Advertising of New York, Inc. for a
6 term not to exceed ten years the land more particularly described in
7 section four of this act for the purpose of erecting, maintaining and
8 operating an electronic sign.
9 § 2. Notwithstanding the failure of the town of Cortlandville to seek
10 and receive state legislative authorization to alienate certain park-
11 lands as described in section four of this act prior to the parklands
12 being leased to Park Outdoor Advertising of New York, Inc, such alien-
13 ation is hereby validated, legalized, ratified and confirmed.
14 § 3. The authorization provided in section one of this act shall be
15 effective only upon the condition that the town of Cortlandville, county
16 of Cortland, dedicate all proceeds of the lease toward the acquisition
17 of new parklands and/or capital improvements to existing park and recre-
18 ational facilities.
19 § 4. The parklands authorized by section one of this act to be discon-
20 tinued as parklands and leased are described as follows:
21 All that tract or parcel of land situate in the Town of Cortlandville,
22 County of Cortland, and State of New York, being part of military lot
23 #92 and being bounded and described as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11984-02-5
A. 8373--A 2
1 Beginning at a point on the northerly highway boundary of NYS Route 13,
2 which point being S 50°22'54" W a distance of 141.00 feet from the east
3 line of lands of the Town of Cortlandville (R.O., 2017-920, tax map
4 parcel: 105.00-04-02.2); running THENCE along the northerly highway
5 boundary of NYS Route 13 S 50°22'54" W a distance of 30.00 feet to a
6 point;
7 running THENCE through the lands of the Town of Cortlandville (R.O.,
8 2017-920, tax map parcel: 105.00-04-02.2) the following three (3) cours-
9 es:
10 1. N 39°37'06" W a distance of 40.00 feet to a point;
11 2. N 50°22'54" E a distance of 30.00 feet to a point;
12 3. S 39°37'06" E a distance of 40.00 feet to a point;
13 The last mentioned point being the point and place of beginning contain-
14 ing 0.03 Acres± of land, as shown as 'Proposed Sign Outparcel' on a map
15 by Denkenberger Surveying, P.C. titled 'Survey of the Lands of Town of
16 Cortlandville' dated June 10, 2021 and last revised May 6, 2025.
17 Excepting and reserving from the above described premises any/all ease-
18 ments of record pertaining to said premises.
19 § 5. Should the lands described in section four of this act cease to
20 be used for the purposes described in section one of this act, the lease
21 shall terminate and such lands shall revert to the town of Cortlandville
22 for public park and recreational purposes. At the time of such rever-
23 sion, the removal of such electronic sign shall take place and the prop-
24 erty shall be returned to its previous state, consistent with park and
25 recreational purposes.
26 § 6. In the event that the town of Cortlandville received any funding
27 support or assistance from the federal government for the purchase,
28 maintenance or improvement of the parklands set forth in section four of
29 this act, the discontinuance and alienation of such parkland authorized
30 by the provisions of this act shall not occur until the town of Cort-
31 landville has complied with any federal requirements pertaining to the
32 alienation or conversion of parklands, including satisfying the secre-
33 tary of the interior that the alienation or conversion complies with all
34 conditions which the secretary of the interior deems necessary to ensure
35 the substitution of other lands shall be equivalent in fair market value
36 and usefulness to the lands being alienated or converted.
37 § 7. This act shall take effect immediately.
