What's happening
This bill requires municipalities to report and comply with new requirements when seeking authorization to alienate or change the use of public parkland.
Why it matters
Establishes clear definitions and a standardized process. for what counts as municipal parkland and what actions constitute its "alienation" (sale, lease, change of use), potentially closing loopholes that allowed municipalities to repurpose parks without adequate oversight or transparency.
Requires regular, detailed reporting. by municipalities that receive state legislative authorization to alienate parkland, ensuring that conditions—such as replacement of lost parkland or use of funds for park improvements—are actually met, rather than merely promised.
Creates accountability and enforcement mechanisms. by empowering the Attorney General, upon referral or independently, to seek injunctions against municipalities that fail to comply, making it significantly harder for local governments to bypass or delay required public benefits or mitigations.
Could impact local development and park access. by making parkland conversions more transparent to the public and state officials, potentially slowing or halting projects that don’t fully offset the loss of public green space, and giving communities more leverage to hold officials to their commitments.
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Who cares
Headline styles
Report Parkland Sales
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to local governments
- Delivered to assembly
- Passed senateVote 55–6
- Ordered to third reading cal.1541
- Committee discharged and committed to rules
- Referred to cultural affairs, tourism, parks and recreation
- Returned to senate
- Died in assembly
- Referred to local governments
- Delivered to assembly
- Passed senateVote 46–16
- Amended on third reading 3051a
Show 4 earlier actions
- Advanced to third reading
- 2nd report cal.
- 1st report cal.182
- Referred to cultural affairs, tourism, parks and recreation
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.
Track Parkland Sales
In Assembly Committee · Local Governments · Sponsor Steven Englebright
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3051--A Cal. No. 182
2017-2018 Regular Sessions
IN SENATE
January 19, 2017
Introduced by Sen. SERRANO -- read twice and ordered printed, and when printed to be committed to the Committee on Cultural Affairs, Tourism, Parks and Recreation -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading
AN ACT to amend the parks, recreation and historic preservation law, in relation to the reporting of alienation of municipal parkland
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The parks, recreation and historic preservation law is amended by adding a new article 16 to read as follows:
ARTICLE 16
MUNICIPAL PARKLAND ALIENATION Section 16.01 Definitions.
16.03 Parkland alienation reporting.
16.05 Parkland alienation enforcement.
§ 16.01 Definitions. When used in this article:
1. "Municipal parkland" shall mean real property or interests therein that is owned by a municipality that provides public park, recreation, or open space protection purposes. Municipal parkland includes: lands that have been dedicated for such purposes by the municipality through a formal resolution or similar action; lands that have been purchased or accepted for such purposes; or lands that currently or historically have been available to and used by the public for such purposes.
2. "Municipal parkland alienation" shall mean any action by a municipality to sell, lease, discontinue, or change the use of municipal parkland.
3. "Municipality" shall mean a county, town, city, or village. It shall also mean a school district or other political subdivision in
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03244-03-7
S. 3051--A 2
instances where such entity has obtained state or federal grant funding for the creation of municipal parkland.
4. "Parkland alienation legislation" shall mean legislation introduced in the state legislature authorizing a municipality to alienate parkland under its jurisdiction.
§ 16.03 Parkland alienation reporting. Any municipality that has received alienation authorization through enactment of municipal parkland alienation legislation shall submit a report to the office no later than December thirty-first of the calendar year following the enactment of the legislation. Such report shall be signed by the municipality's chief executive officer and shall include:
1. A narrative description of the status of the parkland alienation actions authorized and required in the legislation; and
2. An attestation that the municipality has complied with all conditions of the parkland alienation legislation, including the dedication of any required replacement parkland or, in the case of utility easements, the dedication of funding for the acquisition of additional parkland or capital improvements to existing parkland facilities; or
3. In the event that any condition of the parkland alienation legislation has not been fully complied with, the municipality shall provide the office with an interim report detailing the status of its actions and an explanation as to why certain conditions have not been met, along with the anticipated date by which such conditions will be met. The municipality shall continue to file interim reports annually until such time as the conditions have been met and a final report is filed. Unless a longer time period is specified in the legislation authorizing the alienation, if the conditions of the alienation have not been met by December thirty-first of the third calendar year following the enactment of parkland alienation legislation, the municipality shall be subject to enforcement pursuant to section 16.05 of this article.
§ 16.05 Parkland alienation enforcement. An action for injunctive relief as provided in this section against a municipality violating any provision of this article may be brought by the attorney general upon referral by the office or upon his or her own initiative. A municipality may be enjoined from alienating parkland where it acts or has acted in furtherance of parkland alienation without compliance with the requirements of this article, including reporting requirements and parkland alienation legislation requirements.
§ 2. The state commissioner of parks, recreation and historic preservation is authorized to promulgate such guidelines and/or rules and regulations as he or she deems necessary to implement the provisions of this act on or before its effective date.
§ 3. This act shall take effect on the first of January next succeeding the date on which it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the parks, recreation and historic preservation law, in relation to the reporting of alienation of 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.
Summary of specific provisions
*Defines "municipal parkland," "municipal, parkland alienation," "municipality," and "parkland alienation legislation."
*Provides that any municipality that has received alienation authorization through enactment of municipal parkland alienation legislation shall submit a report to the Office of Parks, Recreation and Historic Preservation.
*Provides for enforcement powers by the attorney general for violations of this act by a municipality.
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 rules that municipal parkland may not be alienated without prior enactment of state legislation authorizing such alienation.
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 and should be accompanied by replacement parkland to be made available to the community.
Prior legislative history
2015/2016: S.705A: Passed Senate. Delivered to Assembly-Referred to Local Governments. 2013/2014: S.5600: Passed Senate. Delivered to Assembly-Referred to Local Governments.
Fiscal implications
None by the State.
Effective date
This act shall take effect on the first of January next succeeded the date on which it shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.