Provides for a review process of proposals to alienate municipal parkland

BILL NUMBER:S4951 REVISED MEMO 06/12/2013

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. This bill will require that replacement parkland must be three times the size of the current acreage that is authorized for alienation and must be contiguous or within one mile of the parcel that is being alienated. In addition, at least one of the three replacement parcels must be comprise of one lot that is equal in size to that being alienated.

Summary of provisions

Section 1 of the bill amends the parks, recreation and historic preservation law by adding a new article 16 that includes the following provisions:

Section 16.01 provides a declaration of policy.

Section 16.03 defines "municipal parkland," "municipal parkland alienation," "municipality," "parkland alienation legislation," "state or federal grant funding," and "public trust doctrine."

Section 16.05 provides requirements for municipalities seeking to alienate parkland.

Section 16.07 provides for parkland alienation proposal review by the Office of Parks, Recreation and Historic Preservation.

Section 16.09 provides for parkland alienation reporting by the Office of Parks, Recreation and Historic Preservation.

Section 16.11 provides for parkland alienation enforcement by the attorney general.

Section 16.13 provides for state audits.

Section 16.15 states that this bill shall not affect the public trust doctrine.

Section 2 of the bill authorizes the commissioner to promulgate guidelines and rules to implement provisions of this act

Section 3 of the bill sets forth an immediate effective date.

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 consistently ruled that municipal parkland may not be alienated without prior enactment of state legislation authorizing such alienation and such decisions have come to be referred to as the "public trust doctrine". 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.

Furthermore, the bill requires that replacement parkland be made available at a 3 to 1 ratio so that for every single parcel of land alienated it must be replaced by a parcel of replacement parkland that is three times the size of the parcel being alienated and must be contiguous or within one mile of the parcel that is being alienated. In addition, at least one of the three replacement parcels must be comprised of one lot that is equal in size to that being alienated.

Prior legislative history

New Bill

Similar Legislation:

2013: S928 - Cultural Affairs, Tourism, Parks and Recreation 2010: Senate-Advanced to third reading. Assembly - Died in Local Government 2011: S1916A

Fiscal implications for state and local governments

None by the State.

Effective date

This act shall take effect immediately.