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S7128Senate2009-2010 SessionSame asA10575

Provides for a review process of proposals to alienate municipal parkland

Sponsor José M. SerranoSD-28+1 co-sponsorAffects Environment & Energy
Status
Senate Floor Calendar
Impact
Pending
Passage
Pending

Bill progress

Step 3 of 7

Floor calendar · Jun 8

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Sponsors

Primary sponsor
José M. Serrano

Senator · Senate District 28

1 Co-sponsor

History

  1. Amended on third reading 7128a
  2. Advanced to third reading
  3. 2nd report cal.
  4. 1st report cal.448
  5. Reported and committed to finance
  6. Referred to cultural affairs, tourism, parks and recreation

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.

A10575Assembly

Provides for a review process of proposals to alienate municipal parkland

In Assembly Committee · Local Governments · Sponsor Steven Englebright

Full text

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

Sponsor's memo

BILL NUMBER:S7128A

Title of bill

An act to amend the parks, recreation and historic preservation law, in relation to providing for a review process of proposals to alienate municipal 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," "munici- pality," "parkland alienation legislation," "state or federal grant funding," and "public trust doctrine."

*Provides requirements for municipalities seeking to alienate parkland.

*Provides for exemptions when replacement parkland shall not be required by legislation.

*provides for necessary language in parkland alienation legislation.

*Provides for a review process by the Office of Parks, Recreation and Historic Preservation in order to alienate municipal parkland.

*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 the public trust doctrine and establish a comprehensive program administered by the Office of Parks, Recreation and Historic Preservation for the alienation of municipal parkland.

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

New legislation.

Fiscal implications

None by the State.

Effective date

This act shall take effect on January 1, 2011.

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