Relates to authorizing the village of Philadelphia to alienate and convey certain parcels of land used as parkland

Title of bill

An act authorizing the village of Philadelphia to alienate and convey certain parcels of land used as parkland and to acquire other parcels of land to replace such parkland

Purpose

To authorize the Village of Philadelphia to alienate certain parkland

Summary of provisions

Section 1 authorizes the village of Philadelphia in the County of Jefferson, through its village council, to discontinue and alienate certain parklands.

Section 2 provides that the authorization in section one is effective only upon the condition that the village dedicates an amount equal to or greater than the fair market value of the parklands being alienated to the acquisition of new parklands and/or toward capital improvements to existing parkland and recreational facilities

Section 3 describes the lands authorized to discontinue and alienate as parklands

Section 4 provides that if the land being alienated by the act has received funding pursuant to a the federal land and water conservation fund, the discontinuance of parklands authorized by the provisions of this act shall not occur until the municipality has complied with the federal requirements pertaining to the conversion of parklands.

Section 5 is the effective date.

Existing law

The requirement that a municipality obtain legislative authorization in order to alienate parkland is not found in statute; rather this doctrine has been upheld and proliferated through case law. The courts have consistently held that "once land has been dedicated to use as a park, it cannot be diverted for uses other than recreation, in whole or in part, temporarily or permanently, even for another public purpose, without legislative approval." United States v. City of New York, 96 F.Supp.2d 195, 202 (E.D.N.Y. 2000)(citing Williams v. Gallatin, 128 N.E. 121, 122 (1920)). The authorization contained in the act must be plainly conferred, specific, direct or explicit. See Aldrich v. City of New York, 145 N.Y.S.2d 732, 741 (Sup. Ct. 1955) and Gewirtz v. City of Long Beach,330 N.Y.S.2d 495, 509 (Sup. Ct. 1972).

Justification

The Village of Philadelphia purchased a parcel of land, known as Tax Map Parcel Number 46.39-1-59.3 approximately ten years ago for the purpose of developing an entrance to the Water Tower Park and to add parking to the recreation area. Since then, the village has determined that the parcel is no longer needed for that public purpose and wishes to alienate the property to offer it for sale. This bill authorizes the sale as such authorization is required to convey public parkland, provided however the proceeds from the sale are devoted to the acquisition of new parklands and/or toward capital improvements to existing parkland and recreational facilities. The proceeds from the sale will be dedicated to recreational purposes for the Village, specifically for the purpose of maintaining existing parkland.

Legislative history

New Bill. FISCAL IMPLICATIONS :

None.

Effective date

This act shall take effect immediately.