Senate Bill S709

2015-2016 Legislative Session

Provides for a review process of proposals to alienate municipal parkland

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Sponsored By

Archive: Last Bill Status - In Senate Committee Cultural Affairs, Tourism, Parks And Recreation Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2015-S709 (ACTIVE) - Details

See Assembly Version of this Bill:
A2420
Current Committee:
Senate Cultural Affairs, Tourism, Parks And Recreation
Law Section:
Parks, Recreation and Historic Preservation Law
Laws Affected:
Add Art 16 §§16.01 - 16.15, Pks & Rec L
Versions Introduced in Other Legislative Sessions:
2009-2010: S7128, A10575
2011-2012: S1916, A5539
2013-2014: S928, A5836
2017-2018: S3208, A9556
2019-2020: S2941, A3516
2021-2022: S1418
2023-2024: S726

2015-S709 (ACTIVE) - Summary

Provides for a review process of proposals to alienate municipal parkland.

2015-S709 (ACTIVE) - Sponsor Memo

2015-S709 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   709

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by Sens. SERRANO, HOYLMAN, KRUEGER, PARKER -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Cultural Affairs, Tourism, Parks and Recreation

AN  ACT to amend the parks, recreation and historic preservation law, in
  relation to providing for a review process of  proposals  to  alienate
  municipal parkland

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, 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 DECLARATION OF POLICY.
        16.03 DEFINITIONS.
        16.05 MUNICIPAL PARKLAND ALIENATION.
        16.07 PARKLAND ALIENATION PROPOSAL REVIEW.
        16.09 PARKLAND ALIENATION REPORTING.
        16.11 PARKLAND ALIENATION ENFORCEMENT.
        16.13 STATE AUDITS.
        16.15 PUBLIC TRUST DOCTRINE NOT AFFECTED.
  S 16.01 DECLARATION OF POLICY. THE LEGISLATURE FINDS AND DECLARES THAT
MUNICIPALLY OWNED PARKLAND ENHANCES THE QUALITY OF LIFE, COMMUNITY CHAR-
ACTER,  AND  ECONOMIC VITALITY OF LOCAL COMMUNITIES AND PROVIDES HEALTHY
AND AFFORDABLE RECREATIONAL AND EDUCATIONAL OPPORTUNITIES  TO  NEW  YORK
STATE  RESIDENTS  AND VISITORS.  ONCE LOST, MUNICIPAL PARKLAND IS DIFFI-
CULT TO RECOVER.  ACCORDINGLY,  THE  DISCONTINUATION  OR  ALIENATION  OF
MUNICIPAL  PARKLAND SHOULD BE ACCOMPANIED BY REPLACEMENT WITH COMPARABLE
PARKLAND TO BE AVAILABLE TO THE COMMUNITY AND RESIDENTS OF THE STATE.
  NEW YORK STATE COURTS  HAVE  LONG  HELD  THAT  MUNICIPAL  PARKLAND  IS
SUBJECT TO A "PUBLIC TRUST" FOR THE BENEFIT OF THE PUBLIC. FOR MORE THAN

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

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