Relates to requiring a local referendum prior to legislative action taken to alienate parkland

BILL NUMBER:S3315

Title of bill

An act to amend the general municipal law, the county law, the village law, the general city law, the town law, the municipal home rule law and the statute of local governments, in relation to requiring a local referendum prior to legislative action taken to alienate parkland

Purpose or general idea of bill

Require a local referendum of residents directly affected by legislative action that would alienate parkland.

Summary of specific provisions

Section 1. Subdivision (b) of section 72-h of the general municipal law, as added by chapter 233 of the laws of 1940, is amended.

Section 2. Section 215 of the county law is amended.

Section 3 of the village law is amended, Section 1-103 of the village law is added.

Section 4. Subdivision 2 of section 20 of the general city law is amended by adding a closing paragraph.

Section 5. Subdivision 2 of section 64 of the town law is amended by chapter 365 of the laws of 1980.

Section 6. The municipal home rule law is amended by adding a new section 12.

Section 7. The statute of local governments is amended by adding a new section 11-a.

Justification

This bill would make it necessary to call for a local referendum of residents directly affected by the alienation of park property. Before legislative action of certain parkland impressed with the public trust, residents' approval in the form of a referendum would be necessary before the parkland could be sold or used for other purposes.

Prior legislative history

A.6235 (2008); A.9867 of (2006).

Fiscal implications

None.

Effective date

This act shall take effect immediately.