BILL NUMBER: S9063

SPONSOR: ORTT
 
TITLE OF BILL:

An act in relation to authorizing the city of Niagara Falls to alienate
and discontinue the use of certain parklands

 
PURPOSE:

Authorizes the city of Niagara Falls to alienate and discontinue the use
of certain parklands.

 
SUMMARY OF PROVISIONS:

Section 1: Subject to the provisions of this act, the city of Niagara
Falls is hereby authorized, acting by and through its governing body,
and upon such terms and conditions as determined by, and in the sole
discretion of such governing body, to discontinue the use as parkland
and alienate the lands described in section three of this act, and to
convey property interests in such lands to The Papermill, LLC.

              

Section 2: The authorization contained in section one of this act shall
only be effective on the condition that the city of Niagara Falls dedi-
cate an amount equal to or greater than fair market value of the park-
lands being or capital improvements to existing park and recreational
facilities.

Section 3: The portion of land authorized by section one of this act to
be permanently discontinued as parkland is described as follows:  All
that tract, piece of parcel of land, situate in the City of Niagara
Falls, County of Niagara and State of New York. Known as the "Ten Rod
Strip", located, bounded and described as follows, to wit:  Beginning at
a point where the south line of Buffalo Avenue produced from-east inter-
sects the east line of Tenth Street produced south; thence running south
along the east line of Tenth Street produced to the thread of the
Niagara River or the south boundary of the City of Niagara Falls; thence
westerly along the said boundary of the City of Niagara Falls to a point
in said boundary that is distant from the said east line of Tenth Street
produced south as aforesaid ten rods or one hundred sixty five (165)
feet, measured at right angles therefrom; thence north parallel to the
east line of Tenth Street produced south and distant ten rods or one
hundred sixty five (165) feet therefrom to the south line of Buffalo
Avenue; thence east along the south line of Buffalo Avenue and along the
south line of Buffalo Avenue produced east ten rods or one hundred sixty
five (165) feet to the point of beginning, together with all the right,
title and interest of the parties of the first part in and to Buffalo
Avenue adjoining said premises on the north.

Section 4: In the event that the city of Niagara Falls received any
funding support or assistance from the federal government for the
purchase, maintenance, or improvement of the parklands set forth in
section three of this act, the discontinuance and alienation of such
parklands authorized by the provisions of this act shall not occur until
the city of Niagara Falls has complied with any federal requirements
pertaining to the alienation or conversion of parklands, including
satisfying the secretary of the interior that the alienation or conver-
sion complies with all conditions which the secretary of the interior
deems necessary to assure the substitution of other lands shall be
equivalent in fair market value and usefulness to the lands being alien-
ated or converted.

Section 5: sets the effective date.

 
JUSTIFICATION:

For more than a century, New York courts have held that municipal park-
land is subject to a "public trust" for the benefit of the public. As a
result, courts have ruled that municipal parkland may not be alienated
without prior enactment of state legislation authorizing such alien-
ation.

Municipally owned parkland greatly enhances the quality of life, commu-
nity 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 replace-
ment parkland to be made available to the community.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

 
EFFECTIVE DATE:
The act shall take effect immediately