BILL NUMBER: S7493
SPONSOR: ORTT
 
TITLE OF BILL:
An act in relation to authorizing the town of Niagara to alienate and
discontinue the use of certain parklands and to convey such parklands to
Rajendra Sharma
 
PURPOSE:
Authorizes the Town of Niagara to alienate and discontinue the use of
certain parklands.
 
SUMMARY OF PROVISIONS:
Section 1.Subject to the provisions of this act, the town of Niagara,
county of Niagara, is hereby authorized, acting by and through its
governing body, and upon such terms and conditions as determined by such
governing body, to discontinue the use as parkland and alienate the
lands described in section three of this act.
Section 2: The authorization contained in section one of this act shall
only be effective on the condition that the town of Niagara dedicate an
amount equal to or greater than the fair market value of the parklands
being alienated pursuant to section one of this act towards the acquisi-
tion of new parklands and/or capital improvements to existing park and
recreational facilities.
Section 3. The parkland authorized by section one of this act to be
discontinued as parkland is described as follows:ALL THAT TRACT OR
PARCEL OF LAND situate in the Town of Niagara, County of Niagara and
State of New York, being Part of Lot 11, Township 13,Range 9 of the
Holland Land Company's Survey, and further described as follows: BEGIN-
NING at a point on the north line of Joanne Circle North, formerly Joann
Circle, (a 60.0 foot right of way) which point is the southeasterly
corner of Sublot 35 as shown on a map of Greenwood Acres,Section No. 2
Part of Lot 11, Township 13, Range 9, Town and County of Niagara, State
of New York, made by henry R. Feldman and Associates, Civil Engineers
and Land Surveyors, dated October 17, 1968 and filed in Niagara County
Clerk's Office November 8, 1968 in Book 44 of Microfilmed Maps at pages
4287 and 4288; thence easterly along the north line of Joanne Circle
North, a distance of 67.0 feet to a point; thence northerly, at right
angles to the north line of Joanne Circle North, a distance of 97.31
feet to a point; thence westerly and parallel to the north line 03/13/25
3 10985-01-5 of Joanne Circle North, a distance of 67.0 feet to a point
which is the northeast corner of said Sublot 35; thence southerly along
the easterly line of said Sublot 35, a distance of 97.31 feet to the
north line of Joanne Circle North at the point or place of beginning.
Section 5. 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.
 
PRIOR LEGISLATIVE HISTORY:
New bill.
 
EFFECTIVE DATE:
This bill shall take effect immediately.