What's happening
This bill requires the parks commissioner to certify the status of Marx Brothers playground land before it can be reclassified and used for other purposes.
Why it matters
Adds a layer of oversight and accountability. Before the Marx Brothers playground can be reclassified for non-park use, the parks commissioner must conduct a thorough review, including property records, history of use, and other relevant factors, and formally certify the land’s status. This makes it harder to reclassify or repurpose public parkland without a clear, documented process.
May slow down or prevent controversial land deals. By requiring certification, the bill introduces a potential hurdle for projects that seek to develop or build on playground or parkland, giving time for public scrutiny or legal challenges and possibly deterring speculative or politically motivated reclassifications.
Prioritizes transparency and public interest. The commissioner's mandated review and certification means the decision to reclassify parkland can’t be made quietly or without justification, helping ensure that any change in land use is well-considered and subject to public record, thereby protecting community assets.
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Require Land Status Certification
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to cities
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Certify Land Before Reclassifying
In Senate Committee · Rules · Sponsor José M. Serrano
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
8925
IN ASSEMBLY
January 8, 2018
Introduced by M. of A. BENEDETTO -- read once and referred to the Committee on Cities
AN ACT to amend chapter 402 of the laws of 2017 relating to authorizing discontinuance of the use as parkland of land in the city of New York commonly known as the Marx Brothers playground, in relation to requiring the commissioner of parks, recreation and historic preservation to certify the status and nature of such land before reclassifying the use of such land
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 402 of the laws of 2017, relating to authorizing discontinuance of the use as parkland of land in the city of New York commonly known as the Marx Brothers playground, is amended to read as follows:
Section 1. Subject to the provisions of this act, the city of New York, acting by and through the department of parks and recreation and the department of education of such city, is hereby authorized to discontinue the use as parkland of the land described in section three of this act, commonly known as the Marx Brothers playground, and to transfer such land to the New York city educational construction fund to permit the construction of a combined occupancy structure, as that term is defined in section 452 of the education law upon such terms and conditions as shall be agreed upon between the parties.
§ 2. The authorization provided in section one of this act shall be effective only upon the condition that the city of New York dedicates an amount equal to or greater than the fair market value of the parklands being discontinued towards the acquisition of new parklands and/or towards capital improvements to existing parkland and recreational facilities within the borough of Manhattan.
§ 3. The lands authorized by section one of this act to be discontinued as parkland are bounded and described as follows: All that tract or parcel of land situate in the City of New York, County of New York, and State of New York, bounded and described as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13085-05-7
A. 8925 2
Beginning at a point formed by the intersection of the easterly line of Second Avenue (100' wide right of way), with the southerly line of East 97th Street (66' wide right of way), and from said point of beginning running thence; 1. along the said southerly line of East 97th Street, south 61 degrees 00 minutes 41 seconds east, a distance of 319.00 feet to a point, thence; 2. through the lands of Lot 1, Block 1668, south 28 degrees 59 minutes 19 seconds west, a distance of 201.83 feet to a point on the northerly line of East 96th Street (100' wide right of way), thence; 3. along the said northerly line, north 61 degrees 00 minutes 41 seconds west, a distance of 319.00 feet to a point formed by the intersection of said northerly line of East 96th Street with the said easterly line of Second Avenue, thence; 4. along the said easterly line of Second Avenue, north 28 degrees 59 minutes 19 seconds east, a distance of 201.83 feet to a point and place of beginning, containing 64,384 square feet or 1.478 acres.
§ 4. If the parkland that is described in section three of this act has received funding pursuant to the federal land and water conservation fund, the discontinuance of parkland authorized by section one of this act shall not occur until the city of New York has complied with the federal requirements pertaining to the conversion of parklands, including satisfying the secretary of the interior that the discontinuance 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 discontinued.
§ 5. This act shall not take effect and no action shall be taken to reclassify the use of the land described in section three of this act until the commissioner of parks, recreation and historic preservation determines and certifies the status and nature of the parcel of land described in section three of this act based upon a review and study of the property records, history of use, and any other factor relevant to such a determination. Such commissioner shall further determine the manner in which to proceed based upon the aforementioned review and certification.
§ 6. This act shall take effect immediately.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.