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History
- Substituted by A9992
- Advanced to third reading
- 2nd report cal.
- 1st report cal.466
- Referred to local government
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.
Authorizes the village of Plandome Heights to discontinue the use of certain village lands as parkland and to sell and convey such lands
Signed by Governor · Sponsor Michelle Schimel
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
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 whether 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.