What's happening
This bill authorizes Bayville to use certain parkland for a pump station, requiring replacement or improvement of parkland of equal value.
Why it matters
Ensures no net loss of parkland or recreational value. By requiring Bayville to acquire or improve other parklands of equal or greater fair market value, the bill aims to maintain public access and recreational opportunities, even as some parkland is repurposed for infrastructure.
Supports essential infrastructure while balancing community interests. The authorization to build a pump station on parkland addresses potential water or sewage needs, but only with safeguards to offset the impact on public green spaces.
Protects federal investment and legal compliance. If the original parkland benefited from federal funding, Bayville must meet all related federal requirements (such as the Land and Water Conservation Fund Act), ensuring federal interests and public recreational values are preserved.
Specifies exact land affected. By providing a detailed legal description of the specific parcel, the bill limits the scope of the change and provides transparency, preventing broader or ambiguous use of parkland for non-park purposes.
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Who cares
Headline styles
Allow Bayville to Sell Parkland
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Enacting clause stricken
- Referred to local governments
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.
Allow Bayville to Swap Parkland
In Senate Committee · Rules · Sponsor Carl L. Marcellino
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
9075
IN ASSEMBLY
January 18, 2018
Introduced by M. of A. MONTESANO -- read once and referred to the Committee on Local Governments
AN ACT authorizing the village of Bayville to alienate certain parcels of land used as parkland and to acquire other parcels of land to replace such parkland
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subject to the provisions of this act, the village of Bayville, town of Oyster Bay, Nassau county, acting by and through its governing body, is hereby authorized to discontinue the use of waterfront parklands and alienate such lands more particularly described in section three of this act, for the purpose of constructing and maintaining a pump station on such waterfront parklands, and upon such other terms and conditions as determined by the governing body of the village of Bayville.
§ 2. The authorization contained in section one of this act shall take effect only upon the condition that the village of Bayville shall acquire and dedicate an amount equal to or greater than the fair market value of the waterfront parklands being discontinued towards the acquisition of new waterfront parklands and/or towards capital improvements to existing waterfront parkland and recreational facilities.
§ 3. Beginning at a point on the northerly side of Bayville - Center Island Road, at the southeast corner of the herein described parcel, said point being more particularly described as follows: Commencing at the intersection of the westerly side of Pleasant View Drive (Sound Beach Drive) with the northerly side of 10' widening to be dedicated to the County of Nassau for Highway purposes on Bayville - Center Island Road, as it appears on the Map of Bayville Sound Homes, filed October 26, 1967 as case No. 8102; Running thence along the northerly side of said widening, South 49°48'12" West 106.62 feet, to the westerly map line of said map of Map of Bayville Sound Homes;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13648-01-7
A. 9075 2
Thence along said map line, South 21°31'08" East 10.56 feet, to the northerly side of Bayville - Center Island Road, at the Point of Beginning. Running thence along the northerly side of Bayville - Center Island Road, South 49°48'12" West 63.34 feet; Thence North 21°31'08" West 110.00 feet; Thence North 68°28'52" East 60.00 feet, to the westerly map line of Bayville Sound Homes; Thence along said westerly map line, South 21°31'08" East 89.72 feet, to the northerly side of Bayville - Center Island Road, at the Point of Beginning. Containing within said bounds 5,992 square feet (0.138 acres) Basis of bearings is North American Datum of 1983 New York State Plane Coordinate System (NAD83 NYSPCS) Long Island Zone, which differs from the local mapping meridian by a clockwise rotation of 11°45'28".
§ 4. In the event that the village of Bayville received any funding support or assistance from the federal government for the purchase, maintenance or improvement of the parklands set forth in section three of this act, the discontinuance and alienation of such parkland authorized by the provisions of section three of this act shall not occur until the village of Bayville has complied with any federal requirements pertaining to the alienation or conversion of such 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 usefulness to the lands being alienated or converted.
§ 5. 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.