BILL NUMBER: S252
SPONSOR: SERRANO
 
TITLE OF BILL:
An act to amend the parks, recreation and historic preservation law, in
relation to the reporting of alienation of municipal parkland
 
PURPOSE OR GENERAL IDEA OF BILL:
Municipally owned parkland is vital to local communities. Once lost,
municipal parkland is difficult to recover. The alienation of municipal
parkland should be limited to instances of compelling public need where
no other alternative is available, and should be accompanied by replace-
ment parkland.
 
SUMMARY OF SPECIFIC PROVISIONS:
*Defines "municipal parkland," "municipal, parkland alienation," "muni-
cipality," and "parkland alienation legislation."
*Provides that any municipality that has received alienation authori-
zation through enactment of municipal parkland alienation legislation
shall submit a report to the Office of Parks, Recreation and Historic
Preservation.
*Provides for enforcement powers by the attorney general for violations
of this act by a municipality.
 
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 rules 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.
 
PRIOR LEGISLATIVE HISTORY:
2021/2022: S.1355: Passed Senate.
2019/2020:S.180A:Passed Senate.
2017/2018:S.3051A:Passed Senate.
2015/2016:S.705A:Passed Senate.
2013/2014:S.5600:Passed Senate.
 
FISCAL IMPLICATIONS:
None by the State.
 
EFFECTIVE DATE:
This act shall take effect on the first of January next succeeded the
date on which it shall have become law.