Authorizes the town of Clarkstown in Rockland county to lease certain lands used as parklands to Homeland Towers, LLC for the purposes of installing a cellular tower.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A11386A
SPONSOR: Rules (Carroll P) TITLE OF BILL:
An act in relation to authorizing the town of Clarkstown in Rockland
county to alienate certain lands used as parklands for the purposes of
installing a cellular tower
PURPOSE:
This bill would authorize the Town of Clarkstown to alienate certain
lands for the purpose of installing a cellular tower.
SUMMARY OF PROVISIONS:
Section one would authorize the Town of Clarkstown to alienate certain
lands for the purpose of installing a cellular tower and require that
all proceeds from the lease shall be used for capital improvements to
existing park and recreational facilities or for the acquisition of
additional park or recreational facilities.
Section two outlines the boundaries of the parcel of land authorized by
section one to be leased.
Section three states that, if the land described in section two ceases
to be used for the purposes detailed in section one, the lease shall be
terminated, and the land shall revert back to the Town of Clarkstown for
park and recreational purposes.
Section four states that if the Town of Clarkstown receives any federal
assistance or funds for the purchase, maintenance or improvement of the
parklands set forth in section two, the discontinuance and alienation of
such parkland authorized by the provisions of this act shall not occur
until the Town of Clarkstown has complied with any and all federal
requirements pertaining to the alienation or conversion of parkland,
including satisfying all of the conditions set forth by the secretary of
the interior.
Section five sets the effective date.
JUSTIFICATION:
This bill was introduced at the request of the Town of Clarkstown as the
installation of a new cellular tower would be beneficial for residents.
LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
11386--A
IN ASSEMBLY
May 15, 2026
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. P. Carroll)
-- 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 Clarkstown in Rockland
county to alienate certain lands used as parklands for the purposes of
installing a cellular tower
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. (a) Subject to the provisions of this act, the town of
2 Clarkstown, in the county of Rockland, acting by and through its govern-
3 ing body and upon such terms and conditions as determined by such board
4 is hereby authorized to discontinue as parklands and to lease at fair
5 market value to Homeland Towers LLC for a term not to exceed thirty
6 years, the lands more particularly described in section two of this act
7 for the placement and operation of a wireless communication tower.
8 (b) All proceeds from such lease shall be used for capital improve-
9 ments to existing park and recreational facilities and/or for the acqui-
10 sition of additional park and recreational facilities.
11 § 2. The parklands authorized by section one of this act to be leased
12 are described as follows:
13 All that tract or parcel of land being a Proposed Alienation Parcel
14 situate in the Town of Clarkstown, County of Rockland and State of New
15 York; being bounded and described as follows:
16 Beginning at the northwest corner of said Proposed Alienation Parcel,
17 said point being North 83°38'58" East a distance of 324.65 feet from the
18 northwest corner of lands of the Town of Clarkstown (Instrument No.
19 2020-00000341), being on the easterly bounds of Brewery Road; running
20 thence North 83°38'58" East along the northerly bounds of lands of Town
21 of Clarkstown (Instrument No. 2020-00000341) a distance of 119.06 feet
22 to a point; running thence along the easterly, southerly and westerly
23 bounds of said Proposed Alienation Parcel, through the lands of Town of
24 Clarkstown (Instrument No. 2020-00000341), the following three courses
25 and distances:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15903-02-6
A. 11386--A 2
1 1) South 06°21'02" East 80.00 feet;
2 2) South 83°38'58" West 119.06 feet;
3 3) North 06°21'01" West 80.00 feet;
4 to the point of beginning. Containing 0.219 acre of land.
5 § 3. Should the lands described in section two of this act cease to be
6 used for the purposes described in section one of this act, the lease
7 shall terminate and those lands shall revert to the town of Clarkstown
8 for public park and recreational purposes. At the time of such rever-
9 sion, the removal of such wireless communication tower shall take place
10 and the property shall be returned to its previous state, consistent
11 with park and recreational purposes.
12 § 4. In the event that the town of Clarkstown received any funding
13 support or assistance from the federal government for the purchase,
14 maintenance or improvement of the parklands set forth in section two of
15 this act, the discontinuance and alienation of such parkland authorized
16 by the provisions of this act shall not occur until the town of Clarks-
17 town has complied with any federal requirements pertaining to the alien-
18 ation or conversion of parklands, including satisfying the secretary of
19 the interior that the alienation or conversion complies with all condi-
20 tions which the secretary of the interior deems necessary to assure the
21 substitution of other lands shall be equivalent in fair market value and
22 usefulness to the lands being alienated or converted.
23 § 5. This act shall take effect immediately.
