S3315-2011 - NY Senate Open Legislation - Relates to requiring a local referendum prior to legislative action taken to alienate parkland

Relates to requiring a local referendum prior to legislative action taken to alienate parkland.

Sponsor: MARTINS / Committee: LOCAL GOVERNMENT
Law Section: General Municipal Law / Law: Amd S72-h, Gen Muni L; amd S215, County L; add S1-103, Vil L; amd S20, Gen City L; amd S64, Town L; add S12, Munic Home R L; add S11-a, Statute of Loc Gov

S3315-2011 Actions

Jan 4, 2012: REFERRED TO LOCAL GOVERNMENT
Jun 24, 2011: COMMITTED TO RULES
Mar 7, 2011: ADVANCED TO THIRD READING
Mar 3, 2011: 2ND REPORT CAL.
Mar 2, 2011: 1ST REPORT CAL.163
Feb 16, 2011: REFERRED TO LOCAL GOVERNMENT

S3315-2011 Meetings

Local Government: Mar 2, 2011

S3315-2011 Calendars

S3315-2011 Votes

VOTE: COMMITTEE VOTE: - Local Government - Mar 2, 2011

Ayes (6): Martins, Ball, McDonald, Ritchie, Oppenheimer, Klein
Ayes W/R (2): Little, Stewart-Cousins

S3315-2011 Memo

BILL NUMBER:S3315

TITLE OF BILL:
An act
to amend the general municipal law, the county law, the village law, the
general city law, the town law, the municipal home rule law and the
statute of local governments, in relation to requiring a local
referendum prior to legislative action taken to alienate parkland

PURPOSE OR GENERAL IDEA OF BILL:
Require a local referendum of
residents directly affected by legislative action that would alienate
parkland.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1. Subdivision (b) of section
72-h of the general municipal law, as added by chapter 233 of the
laws of 1940, is amended.

Section 2. Section 215 of the county law is amended.

Section 3 of the village law is amended, Section 1-103 of the village
law is added.

Section 4. Subdivision 2 of section 20 of the general city law is
amended by adding a closing paragraph.

Section 5. Subdivision 2 of section 64 of the town law is amended by
chapter 365 of the laws of 1980.

Section 6. The municipal home rule law is amended by adding a new
section 12.

Section 7. The statute of local governments is amended by adding a new
section 11-a.

JUSTIFICATION:
This bill would make it necessary to call for a local
referendum of residents directly affected by the alienation of park
property. Before legislative action of certain parkland impressed
with the public trust, residents' approval in the form of a
referendum would be necessary before the parkland could be sold or
used for other purposes.

PRIOR LEGISLATIVE HISTORY:
A.6235 (2008); A.9867 of (2006).

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

S3315-2011 Text

 S T A T E   O F   N E W   Y O R K
 
                                          3315
 2011-2012 Regular Sessions
 I N  SENATE
 February 16, 2011
 
 Introduced  by  Sen. MARTINS -- read twice and ordered printed, and when
 printed to be committed to the Committee on Local Government
 

AN ACT to amend the general municipal law, the county law,  the  village
 law,  the  general city law, the town law, the municipal home rule law
 and the statute of local governments, in relation to requiring a local
 referendum prior to legislative action taken to alienate parkland
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1.  Subdivision  (b) of section 72-h of the general municipal
 law, as added by chapter 233 of the laws of 1940, is amended to read  as
 follows:

 (b) The provisions of this section shall not apply to any real proper
 ty  which  is  made  inalienable  under  the  provisions of any general,
 special or local law or of any charter.    PRIOR  TO  STATE  LEGISLATIVE
 ACTION  TAKEN  TO ALIENATE PARKLAND IN SUPERSESSION OF THE PROVISIONS OF
 THIS SUBDIVISION, APPROVAL OF SUCH ACTION SHALL  BE  ATTAINED  FROM  THE
 RESIDENTS  DIRECTLY  AFFECTED  BY THE ALIENATION OF THE PARKLAND THROUGH
 THE MEANS OF A LOCAL REFERENDUM.
 

S 2.

Section 215 of the county law is amended by adding a new subdivi
 sion 12 to read as follows:

 12. PRIOR TO STATE LEGISLATIVE ACTION TAKEN TO  ALIENATE  PARKLAND  IN
 SUPERSESSION  OF ANY OF THE PROVISIONS OF THIS SECTION, APPROVAL OF SUCH
 ACTION SHALL BE ATTAINED FROM THE RESIDENTS  DIRECTLY  AFFECTED  BY  THE
 ALIENATION OF THE PARKLAND THROUGH THE MEANS OF A LOCAL REFERENDUM.
 

S  3. The village law is amended by adding a new section 1-103 to read
 as follows:

 

S 1-103 LEGISLATIVE ACTION TO ALIENATE PARKLAND; REFERENDUM  REQUIRED.
 WHERE  CERTAIN PARKLAND IS IMPRESSED WITH A PUBLIC TRUST, THEREBY NECES
 SITATING STATE LEGISLATIVE ACTION TO ALIENATE SUCH REAL PROPERTY,  PRIOR
 TO  SUCH  LEGISLATIVE  ACTION, APPROVAL OF SUCH ACTION SHALL BE ATTAINED
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD07858-01-1
        S. 3315                             2
 FROM THE RESIDENTS DIRECTLY AFFECTED BY THE ALIENATION OF  THE  PARKLAND
 THROUGH THE MEANS OF A LOCAL REFERENDUM.
 

S 4. Subdivision 2 of section 20 of the general city law is amended by
 adding a new closing paragraph to read as follows:

 PRIOR TO STATE LEGISLATIVE ACTION TAKEN TO ALIENATE PARKLAND IN SUPER
 SESSION  OF  ANY  OF  THE  PROVISIONS  OF THIS SECTION, APPROVAL OF SUCH
 ACTION SHALL BE ATTAINED FROM THE RESIDENTS  DIRECTLY  AFFECTED  BY  THE
 ALIENATION OF THE PARKLAND THROUGH THE MEANS OF A LOCAL REFERENDUM.
 

S  5. Subdivision 2 of section 64 of the town law, as amended by chap
 ter 365 of the laws of 1980, is amended to read as follows:

 2. Acquisition and conveyance of real property. May acquire by  lease,
 purchase, in the manner provided by law, or by acquisition in the manner
 provided by the eminent domain procedure law, any lands or rights there
 in,  either  within  or  outside  the  town boundaries, required for any
 public purpose, and may, upon the adoption of a  resolution,  convey  or
 lease  real  property in the name of the town, which resolution shall be
 subject to a  permissive  referendum.  If  the  property  or  rights  be
 acquired by acquisition, the town board may subject to the provisions of
 the  eminent  domain  procedure law at once enter into possession of the
 real property or rights described when the judgment shall have been made
 and entered, and the town shall thereupon stand charged and  responsible
 for  the  prompt  payment of the amount which may ultimately be awarded.
 Lands or rights required for a district purpose shall be acquired by the
 town board in the name of the district, and the cost thereof shall be  a
 charge  upon and assessed against such district. Such district lands and
 rights may be sold or leased  in  the  manner  provided  in  subdivision
 twelve  of  section  one  hundred  ninety-eight of this chapter.   WHERE
 CERTAIN PARKLAND IS IMPRESSED WITH THE PUBLIC TRUST, THEREBY NECESSITAT
 ING STATE LEGISLATIVE ACTION TO ALIENATE SUCH REAL  PROPERTY,  PRIOR  TO
 SUCH  LEGISLATIVE ACTION, APPROVAL OF SUCH ACTION SHALL BE ATTAINED FROM
 THE RESIDENTS DIRECTLY  AFFECTED  BY  THE  ALIENATION  OF  THE  PARKLAND
 THROUGH THE MEANS OF A LOCAL REFERENDUM.
 

S 6. The municipal home rule law is amended by adding a new section 12
 to read as follows:

 

S  12.  LEGISLATIVE  ACTION TO ALIENATE PARKLAND; REFERENDUM REQUIRED.
 WHERE CERTAIN PARKLAND IS IMPRESSED WITH A PUBLIC TRUST, THEREBY  NECES
 SITATING  STATE LEGISLATIVE ACTION TO ALIENATE SUCH REAL PROPERTY, PRIOR
 TO SUCH LEGISLATIVE ACTION, APPROVAL OF SUCH ACTION  SHALL  BE  ATTAINED
 FROM  THE  RESIDENTS DIRECTLY AFFECTED BY THE ALIENATION OF THE PARKLAND
 THROUGH THE MEANS OF A LOCAL REFERENDUM.
 

S 7. The statute of local governments  is  amended  by  adding  a  new
 section 11-a to read as follows:

 

S  11-A. LEGISLATIVE ACTION TO ALIENATE PARKLAND; REFERENDUM REQUIRED.
 WHERE CERTAIN PARKLAND IS IMPRESSED WITH A PUBLIC TRUST, THEREBY  NECES
 SITATING  STATE LEGISLATIVE ACTION TO ALIENATE SUCH REAL PROPERTY, PRIOR
 TO SUCH LEGISLATIVE ACTION, APPROVAL OF SUCH ACTION  SHALL  BE  ATTAINED
 FROM  THE  RESIDENTS DIRECTLY AFFECTED BY THE ALIENATION OF THE PARKLAND
 THROUGH THE MEANS OF A LOCAL REFERENDUM.
 

S 8. This act shall take effect immediately.

S3315-2011: Relates to requiring a local referendum prior to legislative action taken to alienate parkland