Assembly Bill A2420

2015-2016 Legislative Session

Provides for a review process of proposals to alienate municipal parkland

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly 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-A2420 (ACTIVE) - Details

See Senate Version of this Bill:
S709
Current Committee:
Assembly Local Governments
Law Section:
Parks, Recreation and Historic Preservation Law
Laws Affected:
Add Art 16 ยงยง16.01 - 16.15, Pks & Rec L
Versions Introduced in Other Legislative Sessions:
2009-2010: A10575, S7128
2011-2012: A5539, S1916
2013-2014: A5836, S928
2017-2018: A9556, S3208
2019-2020: A3516, S2941
2021-2022: S1418
2023-2024: S726

2015-A2420 (ACTIVE) - Summary

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

2015-A2420 (ACTIVE) - Bill Text download pdf

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

                                  2420

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 16, 2015
                               ___________

Introduced  by  M.  of A. ENGLEBRIGHT, GOTTFRIED, GLICK, LIFTON, COLTON,
  JAFFEE, DINOWITZ, WEPRIN, HOOPER, SCHIMEL -- Multi-Sponsored by --  M.
  of  A.  MARKEY  --  read  once  and referred to the Committee on Local
  Governments

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.
                                                           LBD04313-01-5
              

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