BILL NUMBER: S9108A
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
David Gaines
 
PURPOSE:
Authorizes the Town of Niagara to alienate and discontinue the use of
certain parklands.
 
SUMMARY OF PROVISIONS: Authorizes the Town of Niagara to alienate and
discontinue use of certain parkland because of safety and upkeep reasons
 
EXISTING LAW:
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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,
community character, and economic vitality of communities throughout New
York State by providing healthy, affordable, and educational opportu-
nities 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 accom-
panied by replacement parkland to be made available to the community.
 
LEGISLATIVE HISTORY:
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FISCAL IMPLICATIONS:
None.
 
LOCAL FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
Immediately