Provides for a review process of proposals to alienate municipal parkland

1 Co-sponsor

• Kevin S. Parker

BILL NUMBER:S1916A

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 replacement parkland.

Summary of specific provisions

*Defines "municipal parkland," "municipal parkland alienation," "municipality," "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 authorization 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 parkland 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 alienation. 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, community 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 replacement parkland to be made available to the community.

Prior legislative history

2010: Senate-Advanced to third reading. Assembly - Died in Local Government

Fiscal implications

None by the State.

Effective date

This act shall take effect on January 1, 2013.