What's happening
This bill authorizes the transfer of the North County Trailway land in Westchester County from New York State to the county for trail use.
Why it matters
Gives Westchester County direct control over the North County Trailway land. , potentially allowing for more responsive and locally tailored management, maintenance, and trail improvements that better reflect community needs.
Restricts the use of the land to pedestrian and non-motorized bicycle trail purposes. , ensuring the trailway remains a recreational and transportation resource for the public and cannot be repurposed for other uses without reverting to state ownership.
Includes a reversion clause that protects public interests. if Westchester County stops using the land as a trailway, ownership automatically returns to the state, preventing permanent diversion to non-public or commercial uses.
May affect future funding, liability, and planning decisions. , as local ownership could open up new funding sources, partnerships, or responsibilities for the county, while also possibly impacting regional trail connectivity and long-term stewardship.
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Who cares
Headline styles
Transfer Trail Land to County
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.251
- Reported and committed to finance
- Referred to investigations and government operations
- Returned to senate
- Died in assembly
- Referred to governmental operations
- Delivered to assembly
- Passed senateVote 61–0
- Ordered to third reading cal.1217
Show 3 earlier actions
- Committee discharged and committed to rules
- Reported and committed to finance
- Referred to investigations and government operations
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.
Transfer Trail Land to County
In Assembly Committee · Governmental Operations · Sponsor Thomas Abinanti
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5247
2019-2020 Regular Sessions
IN SENATE
April 18, 2019
Introduced by Sen. HARCKHAM -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Government Operations
AN ACT authorizing the commissioner of general services to convey real property in Westchester county to the county of Westchester
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The commissioner of the office of general services is authorized and empowered to transfer and convey certain state property, as further described in section two of this act, to the county of Westchester for one dollar, upon such terms and conditions as such commissioner may fix and determine.
§ 2. The land authorized by this act to be conveyed consists of the North County Trailway, and is generally described as follows:
A parcel of land located in the Towns of Mount Pleasant, New Castle, Yorktown and Somers in Westchester consisting of approximately 20.8 miles with varying width, as described in the lease agreement dated December 3, 2018 between the commissioner of transportation for the people of the state of New York and the county of Westchester, as described and on Exhibit A - Depiction of Proposed Lease Area delineated on Sheet Nos. 1-40 of Map 1, Parcels 1-39 subject to any and all easements and conveyances granted by the state by and through the commissioner; Exhibit B - Map of the existing North County Trailway; and further described as:
From 110 feet south of old saw mill river road in eastview, north to 3,000 feet south of route 1117, a total distance of approximately 15,000 linear feet.
From route 117 to 350 feet south of route 9A for a total distance of approximately 8,800± linear feet.
From a point 2,000± feet north of route 9A/100 intersection to campfire road, approximately 4,000 linear feet.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09730-02-9
S. 5247 2
From a point 2,000± feet south of route 133 in miliwood, north to the south side of underhill avenue located in the hamlet of Yorktown Heights, town of Yorktown, a distance of 52,400 linear feet.
From the north side of underhill avenue to the south side of hanover street for a distance of 1,250± linear feet.
From hanover street, located in Yorktown Heights, north to the Putnam county boundary, a total distance of approximately 28,000± linear feet.
The entire linear distance of the parcel of land is approximately 20.8 miles (109,530± linear feet).
§ 3. The commissioner of the office of general services shall not transfer or convey the aforesaid land unless application in a form acceptable to the office of general services is made to the office of general services by the county of Westchester which application must be made within one year after the effective date of this act.
§ 4. Any land transferred pursuant to this act shall be used and maintained by the county of Westchester for the purpose of a pedestrian and non-motorized bicycle trailway, and upon termination of such use, title to the land so transferred shall revert to the state of New York.
§ 5. 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 authorizing the commissioner of general services to convey real property in Westchester county to the county of Westchester
Purpose
To authorize the transfer of the North country Trailway from the State to Westchester County.
SUMMARY OF PROVISIONS::
Section 1 of the bill authorizes the commissioner of the office of genera; services to transfer and convey certain state property, as described in section 2 of this act, to the county of Westchester for one dollar, upon such terms and conditions as the commissioner may fix and determine.
Section 2 sets forth the legal description of the land authorized to be conveyed consisting of the North County Trailway, which the linear distance of the parcel off land consists of approximately 20.8 miles.
Section 3 provides that the commissioner of the office of general services shall not transfer or convey the land unless an application in a form acceptable to the office is made by the county of Westchester within one year after the effective date of this act.
Section 4 provides that any land transferred pursuant to this act shall be used and maintained by the county of Westchester for the purpose of a pedestrian and non-motorized bicycle trailway, and upon the termination of such use, title to the land transferred shall revert to the state of New York.
Section 5 of the bill is the effective date.
JUSTIFICATION::
The County of Westchester operates two recreational trailways that span Westchester County along a former railroad line from the Putnam County border to Van Cortland Park in the Bronx. These trailwats are a unique resource enjoyed by thousands of hikers, bicyclists, and park-goers each year.
Located north of Interstate Highway 1-287, the North County Trailway, consisting of approximately 20.8 miles with varying widths in the Towns of Mount Pleasant, New Castle, Yorktown and Somers, is leased to West- chester County by the State of New York for $1.00 under a 25 year agree- ment since 1994. South of 1-287 the County both owns and operates the South County Trailway, having acquired this property from New York State in 1993.
This legislation would authorize the transfer of the North County Trail- way from the State to Westchester County as was previously done for the South County Trailway.
Under the terms of the lease agreement for the North County Trailway (the "Trailway"), the County is responsible for the maintenance and improvements of the Trailway. In addition, the County is required to defend and indemnify the State against any claims arising from the use of the Trailway, including personal injury, property damage, death or contamination to the environment.
Notably, the County is planning a substantial rehabilitation of the Trailway, for which it has authorized bond financing of $8.75 million. However, the lease requires the County to obtain New York State approval prior to constructing improvements which will add another step and delay the completion of this improvement.
The County's acquisition of the Trailway would enable Westchester County to more efficiently implement improvements, as well as simplify County planning and operations overall. In addition, other significant lease provisions such as County defense and indemnification of the State are fully satisfied by Count ownership of the trailway.
LEGISLATIVE HISTORY::
This is a new bill.
FISCAL IMPLICATIONS::
Minimal.
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.