Authorizes town of Webster, Monroe County, to discontinue the use of certain lands as parklands

Summary of specific provisions

Section 1 authorizes the town of Webster to discontinue as parklands and alienate, sell and convey the lands described in section three of this act for the purpose of enabling an adjacent shopping plaza to expand and construct additional parking and, in exchange for the conveyance, dedicate as parklands the lands described in section four of this act.

Section 2 sets forth the condition that the lands described in section four of this act must be of equal or greater fair market value than the lands being alienated, and that the lands described in section four must be donated to the town of Webster and must be dedicated as additional parklands.

Section 3 defines the land to be alienated, sold and conveyed, as set forth in section one of this act.

Section 4 defines the land to be donated to and dedicated by the town of Webster as parkland.

Section 5 states that in the event that the replacement parklands to be dedicated by the town of Webster are not of equal or greater fair market value and usefulness as parklands than the parklands to be discontinued, the town of Webster shall dedicate the difference of fair market value and/or usefulness of the lands to be alienated and the lands to be dedicated for the acquisition of additional parklands and/or capital improvements to existing park and recreational facilities.

Section 6 states that the discontinuance and conveyance of parklands authorized by the provisions of this act shall not occur until the town of Webster has complied with any federal requirements pertaining to the alienation or conversion of parklands, including satisfying the secretary of the interior that the alienation or conversion complies with all conditions which the secretary of the interior

deems necessary to assure the substitution of other lands shall be equivalent in fair market value and recreational usefulness to the lands being alienated or converted.

Section 7 sets the effective date.

Justification

This legislation is the result of a home rule request by the town of Webster, which would like to exchange 1.325 acres of isolated parkland adjacent to a shopping plaza to gain 2.65 acres of land adjacent to existing parkland, allowing it to expand a more usable park.

The 1.325 acres of Webster Park Land was given to the town years ago by the state as surplus land after the Route 104 project was complete, and is adjacent to an existing shopping plaza. At the current time, the town has an easement on private property behind the plaza, which is used as an entrance to the town hall. The plaza owner has requested that the easement be rescinded so that he can enlarge the plaza with more tenants - which will require more parking spaces thus resulting in more economic development for the town - and that he be allowed to purchase the 1.325 acres for the required parking spaces.

In return for the 1.325 acres of park land, the plaza owner will build the town a new access road for the town hall, and will purchase 2.65 acres of land next to an existing town park, which will enhance the park surrounding the town's new baseball stadium and will provide more usable park space for use by town residents.

The town views this as a means to enhance its tax base, create more employment opportunities and expand its usable park space.

Prior legislative history

S.8108 of 2009/2010

Fiscal implications for state and local governments

No fiscal impact to the state. As part of the exchange, the town of Webster will receive land of an equal or greater value than that which they are selling, and as a result, will benefit economically from the exchange.

Effective date

This act shall take effect immediately.