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S5041Senate2019-2020 SessionSame asA5839

Ease Park Land Sales

Official title

“Amends provisions relating to the lease or sale of real property for park purposes”

Sponsor Shelley MayerSD-37+1 co-sponsorAffects Local Government
Status
Senate Floor Calendar
Impact
3/10
Low
Outcome
Companion signed

Bill progress

Signed via A5839

What's happening

This bill allows Westchester County to sell parcels under two acres not used as parks, amending procedures for park property sales.

Why it matters

  1. Streamlines the process for Westchester County to sell small parcels (under two acres) not actively used as parks. , potentially speeding up development or repurposing of unused public land.

  2. Narrows the scope of parkland protections. for small, unused parcels—making it easier for the county to generate revenue or address local property needs, but also raising questions about the long-term preservation of green space.

  3. Removes older, more restrictive language about the sale of park property and associated buildings or materials,. signaling a shift toward more flexible property management by county officials.

  4. Empowers the County Board to more readily determine which parcels are “no longer required” for park purposes. , increasing local control but also requiring careful oversight to prevent loss of valuable community spaces.

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Who cares

Headline styles

Ease Park Land Sales

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Shelley Mayer

Senator · Senate District 37

Chair, Education

1 Co-sponsor

History

  1. Substituted by A5839A
  2. Ordered to third reading cal.994
  3. Reported and committed to rules
  4. Referred to local government
  5. Committed to rules
  6. Advanced to third reading
  7. 2nd report cal.
  8. 1st report cal.575
  9. Referred to local government

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.

A5839Assembly

Change Park Property Sale Rules

Signed by Governor · Sponsor Amy Paulin

Impact 3 · LowSigned into law

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

5041

2019-2020 Regular Sessions

IN SENATE

April 4, 2019

Introduced by Sen. MAYER -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government

AN ACT to amend the Westchester county administrative code, in relation to the lease or sale of real property for park purposes

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section 249.101 of chapter 852 of the laws of 1948, constituting the Westchester county administrative code, as added by chapter 679 of the laws of 1961 and renumbered by local law 8 of the laws of 1979, is amended to read as follows:

§ 249.101 1. Whenever the county shall have acquired jurisdiction or shall become vested with the title of real property for park purposes, it shall be lawful for the Board of Acquisition and Contract, upon the recommendation of the commissioner, to let for a period not exceeding five years any of such real property or portion thereof which may be within the bounds of the real estate so taken, and until the same is required for park purposes.

2. [The Board of Acquisition and Contract, upon the recommendation of the board, may authorize the safe of any building, improvement and other materials within the boundary line of the lands so taken and belonging to the county, which the board shall certify is not required for the purposes of this chapter, and the proceeds of such leases and sales shall be deposited with the Commissioner of Finance to the credit of the county.

3.] The commissioner shall have the right, subject to the approval of the County Board, to construct, reconstruct, complete, alter or repair any buildings or structures, or demolish or remove the same to carry out the purposes of this chapter.

§ 2. Subdivision 1 of section 249.111 of chapter 852 of the laws of 1948, constituting the Westchester county administrative code, as

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD07859-03-9

S. 5041 2

amended by local law 3 of the laws of 1962 and renumbered by local law 8 of the laws of 1979, is amended to read as follows:

1. [The] For parcels under two acres and not used as parks, the county, upon the recommendation of the board, is hereby authorized to sell and covey, by either public or private sale, any real estate which may have been acquired by purchase, condemnation or otherwise for park purposes, and which is determined by the County Board to be no longer required for such purposes, or to grant rights or interests in, over, under and across any real estate acquired for park purposes, such sale and conveyance or grant to be in accordance with the provisions of the County Charter and Administrative Code.

§ 3. This act shall take effect immediately.

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

An act to amend the Westchester county administrative code, in relation to the lease or sale of real property for park purposes

Purpose

To amend the sections of the Westchester County Administrative Code related to the lease or sale of real property for park purposes, in order to prevent the county from alienating parkland without action by the State Legislature.

Summary of provisions

Section one strikes subdivision two of section 249.101 of the Westches- ter County Administrative Code. This subdivision states that the Board of Acquisition and Contract, upon the recommendation of the board, may authorize the sale of any building, improvement and other materials within the boundary line of the lands so taken and belonging to the county, which the board shall certify is not required for the purposes of this chapter, and the proceeds of such leases and sales shall be deposited with the Commissioner of Finance to the credit of the county.

Section two amends section 249.111 of the Westchester County Administra- tive Code, to provide that for parcels under two acres and not used as parks, the county, upon the recommendation of the board, is hereby authorized to sell and convey, by either public or private sale, any real estate which may have been acquired by purchase, condemnation or otherwise for park purposes, and which is determined by the County Board to be no longer required for such purposes, or to grant rights or inter- ests in, over, under and across any real estate acquired for park purposes, such sale and conveyance or grant to be in accordance with the provisions of the County Charter and Administrative Code.

Section three provides the effective date.

Justification

Under current state law, parkland can only be alienated through legisla- tive action. Westchester County is unique from other jurisdictions in that a sale of parklands is essentially possible without action by the State Legislature, pursuant to the county's Administrative Code. The adoption of Westchester's Administrative Code in 1961 removed the protections for parklands set out in our state law. According to the County Attorney, a sale proposed by the County Executive could have been possible with simply a two-thirds vote of t he Westchester County Board of Legislators and a statement that the land in question was no longer needed for park purposes. This legislation would ensure that Westches- ter County would only retain this ability for parcels under two acres which are not used a s parks. It amends sections 249.101 and 249.111 of the Westchester County Administrative Code, which the County Attorney believed would have given the county the authority to complete the sale proposed by the Executive, as well as any future sales of parklands.

Westchester County must be aligned with the other jurisdictions in the state and should not be able to sell parklands without the approval of the State Legislature. If the sale of parking lots as proposed was in fact executed, this would set a very dangerous precedent and could mean that other areas deemed as parkland could be next. Amending these rele- vant sections of the Westchester Administrative Code will protect the county's precious parkland from future threats.

Legislative history

New bill.

Fiscal implications

None.

Effective date

This act shall take effect immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.