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A9992Assembly2009-2010 SessionSame asS6945

Authorizes the village of Plandome Heights to discontinue the use of certain village lands as parkland and to sell and convey such lands

Sponsor Michelle SchimelAD-16Affects Local Government
Status
Signed by Governor
Impact
Pending
Outcome
Signed into law

Bill progress

Signed into law

What's happening

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Who cares

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Sponsors

Primary sponsor
Michelle Schimel

Assembly Member · Assembly District 16

No co-sponsors yet.

History

  1. Signed chap.160
  2. Delivered to governor
  3. Returned to assembly
  4. Passed senateVote 57–1
  5. Home rule request
  6. 3rd reading cal.466
  7. Substituted for S6945
  8. Referred to local government
  9. Delivered to senate
  10. Passed assembly
  11. Home rule request
  12. Advanced to third reading cal.808
Show 3 earlier actions
  1. Reported
  2. Reported referred to ways and means
  3. Referred to local governments

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

S6945Senate

Authorizes the village of Plandome Heights to discontinue the use of certain village lands as parkland and to sell and convey such lands

Senate Floor Calendar · Sponsor Craig M. Johnson

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

BILL NUMBER:A9992

Title of bill

An act to authorize the village of Plandome Heights to discontinue the use of certain land as parkland

Purpose or general idea of bill

To allow for the Village of Plandome Heights to convey a portion of the land known as Section 3, Block 28, Lot 295, which is used by the Village as parkland, in order to resolve an adverse possession claim on a portion of the parkland.

Summary of specific provisions

Section one of the bill authorizes the Village of Plandome Heights Board of Trustees to discontinue and convey the disputed plot of parkland in exchange for fair market value.

Section three requires that the fair market value received in exchange for the certain plot of land must be used by the Village of Plandome Heights for the acquisition of new parklands of at least equal fair market value or for capital improvements to existing park facilities.

Section four describes the location and boundaries of the parkland to be conveyed.

Justification

: In 2006 a claim of adverse possession was made over a portion of Lot 295, to which the Village of Plandome Heights held title. It is unclear, as a matter of law, whether Lot 295 was used by the Village as parkland or for proprietary purposes before the litigation was initiated, however since the claim was made the Village has begun to use the undisputed area of Lot 295 as parkland. At this time, the undisputed portion of Lot 295 is used by the Village as parkland.

In 2007, the adverse possession claim survived a motion to dismiss made by the Village on the ground that it was a question of fact as to wheth- er Lot 295 was used as parkland or for proprietary purposes, and the claimants were granted a preliminary injunction to continue using the disputed area. Instead of burdening taxpayers with costly litigation, the Village has reached a settlement agreement with the claimants that would convey to them the disputed portion of Lot 295 in return for fair market value.

It will no longer be decided whether, as a matter of law, Lot 295 is or is not parkland. However, since the Village now considers Lot 295 as parkland, it must receive authority from the New York State Legislature to convey the disputed property to the claimants, and the settlement is conditioned upon this authorization.

Prior legislative history

This is a new bill.

Fiscal implications

None to the state.

Effective date

This act shall take effect immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.