|SAME AS||SAME AS S05600|
|Add Art 16 SS16.01 - 16.05, Pks & Rec L|
|Relates to the reporting of alienation of municipal parkland.|
|06/11/2014||referred to local governments|
Go to top
NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A10066 SPONSOR: Rules (Englebright)
TITLE OF BILL: An act to amend the parks, recreation and historic preservation law, in relation to the reporting of alienation of munici- pal parkland   PURPOSE OR GENERAL IDEA OF BILL: Municipally owned parkland is vital to local communities. Once lost, municipal parkland is difficult to recover. The alienation of municipal parkland should be limited to instances of compelling public need where no other alternative is available, and should be accompanied by replace- ment parkland.   SUMMARY OF SPECIFIC PROVISIONS: *Defines "municipal parkland," "municipal, parkland alienation," "muni- cipality," and "parkland alienation legislation." *Provides that any municipality that has received alienation authori- zation through enactment of municipal parkland alienation legislation shall submit a report to the Office of Parks, Recreation and Historic Preservation. *Provides for enforcement powers by the attorney general for violations of this act by a municipality.   JUSTIFICATION: For more than a century, New York courts have held that municipal park- land is subject to a "public trust" for the benefit of the public. As a result, courts have rules that municipal parkland may not be alienated without prior enactment of state legislation authorizing such alien- ation. This legislation seeks to codify reporting requirements to help ensure that alienation legislation and the public trust doctrine is properly followed. Municipally owned parkland greatly enhances the quality of life, commu- nity character, and economic vitality of communities throughout New York State by providing healthy, affordable, and educational opportunities to New Yorkers and tourists. Unfortunately, once lost municipal parkland is difficult, if not impossible, to recover. Therefore, the alienation of parkland should be limited to instances of compelling public need where no other alternative is available and should be accompanied by replace- ment parkland to be made available to the community.   PRIOR LEGISLATIVE HISTORY: This is a new bill.   FISCAL IMPLICATIONS: None by the State.   EFFECTIVE DATE: This act shall take effect on January 1, 2015.
Go to top
STATE OF NEW YORK ________________________________________________________________________ 10066 IN ASSEMBLY June 11, 2014 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Englebright) -- read once and referred to the Committee on Local Governments AN ACT to amend the parks, recreation and historic preservation law, in relation to the reporting of alienation of municipal parkland The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The parks, recreation and historic preservation law is 2 amended by adding a new article 16 to read as follows: 3 ARTICLE 16 4 MUNICIPAL PARKLAND ALIENATION 5 Section 16.01 Definitions. 6 16.03 Parkland alienation reporting. 7 16.05 Parkland alienation enforcement. 8 § 16.01 Definitions. When used in this article: 9 1. "Municipal parkland" shall mean real property or interests therein 10 that is owned by a municipality that provides public park, recreation, 11 or open space protection purposes. Municipal parkland includes: lands 12 that have been dedicated for such purposes by the municipality through a 13 formal resolution or similar action; lands that have been purchased or 14 accepted for such purposes; or lands that currently or historically have 15 been available to and used by the public for such purposes. 16 2. "Municipal parkland alienation" shall mean any action by a munici- 17 pality to sell, lease, discontinue, or change the use of municipal park- 18 land. 19 3. "Municipality" shall mean a county, town, city, or village. It 20 shall also mean a school district or other political subdivision in 21 instances where such entity has obtained state or federal grant funding 22 for the creation of municipal parkland. 23 4. "Parkland alienation legislation" shall mean legislation introduced 24 in the state legislature authorizing a municipality to alienate parkland 25 under its jurisdiction. 26 § 16.03 Parkland alienation reporting. Any municipality that has 27 received alienation authorization through enactment of municipal park- 28 land alienation legislation shall submit a report to the office no later EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08231-02-3A. 10066 2 1 than December thirty-first of the calendar year following the enactment 2 of the legislation. Such report shall be signed by the municipality's 3 chief executive officer and shall include: 4 1. A narrative description of the status of the parkland alienation 5 actions authorized and required in the legislation; and 6 2. An attestation that the municipality has complied with all condi- 7 tions of the parkland alienation legislation, including the dedication 8 of any required replacement parkland or, in the case of utility ease- 9 ments, the dedication of funding for the acquisition of additional park- 10 land or capital improvements to existing parkland facilities; or 11 3. In the event that any condition of the parkland alienation legis- 12 lation has not been fully complied with, the municipality shall provide 13 the office with an interim report detailing the status of its actions 14 and an explanation as to why certain conditions have not been met, along 15 with the anticipated date by which such conditions will be met. The 16 municipality shall continue to file interim reports annually until such 17 time as the conditions have been met and a final report is filed. 18 Unless a longer time period is specified in the legislation authorizing 19 the alienation, if the conditions of the alienation have not been met by 20 December thirty-first of the third calendar year following the enactment 21 of parkland alienation legislation, the municipality shall be subject to 22 enforcement pursuant to section 16.05 of this article. 23 § 16.05 Parkland alienation enforcement. An action for injunctive 24 relief as provided in this section against a municipality violating any 25 provision of this article may be brought by the attorney general upon 26 referral by the office or upon his or her own initiative. A munici- 27 pality may be enjoined from alienating parkland where it acts or has 28 acted in furtherance of parkland alienation without compliance with the 29 requirements of this article, including reporting requirements and park- 30 land alienation legislation requirements. 31 § 2. The state commissioner of parks, recreation and historic preser- 32 vation is authorized to promulgate such guidelines and/or rules and 33 regulations as he or she deems necessary to implement the provisions of 34 this act on or before its effective date. 35 § 3. This act shall take effect January 1, 2015.