BILL NUMBER: S1068
SPONSOR: SERRANO
 
TITLE OF BILL:
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
 
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," "parkland alienation legislation," "state or federal grant
funding," and "public trust doctrine."
* Provides requirements for municipalities seeking to alienate parkland.
* Provides for exemptions when replacement parkland shall not be
required by legislation.
* Provides for necessary language in parkland alienation legislation.
* Provides for a review process by the Office of Parks, Recreation and
Historic Preservation in order to alienate municipal parkland.
* Provides that any municipality that has received alienation authori-
zation through enactment of municipal parkland alienation legislation
stall 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. Asa
result, courts have ruled that municipal parkland may be alienated with-
out prior enactment of state legislation authorizing such alienation.
This legislation seeks to codify the public trust doctrine and establish
a comprehensive program administered by the Office of Parks, Recreation
and Historic Preservation for the alienation of municipal parkland.
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 municipal parkland is lost
it is difficult, if not impossible, to recover. Therefore, the alien-
ation of parkland should be limited to instances of compelling public
need where no other alternative is available and should be accompanied
by replacement parkland to be made available to the community.
 
PRIOR LEGISLATIVE HISTORY:
2015-2016: S.709 -REFERRED TO CULTURAL AFFAIRS, TOURISM, PARS AND RECRE-
ATION
2017-2018: S.3208- REFERRED TO CULTURAL AFFAIRS, TOURISM, PARKS AND
RECREATION
2019-2020: S.2941- REFERRED TO CULTURAL AFFAIRS, TOURISM, PARKS AND
RECREATION
2021-2022: S.1418 - REFERRED TO CULTURAL AFFAIRS, TOURISM, PARKS AND
RECREATION
2023-2024: S726 - REFERRED TO CULTURAL AFFAIRS, TOURISM, PARKS AND
RECREATION
 
FISCAL IMPLICATIONS:
None to the State.
 
EFFECTIVE DATE:
This act shall take effect on January 1, 2026.