BILL NUMBER: S9108
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 OR GENERAL IDEA OF BILL:
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, and to sell and convey
property interests in such lands at fair market value to David Gaines.
Section 2: The authorization contained in section one of this act shall
only 8 be effective on the condition that the town of Niagara dedicate
an amount equal to or greater than the fair market value of the park-
lands being alienated pursuant to section one of this act towards the
acquisition of new parklands and/or capital improvements to existing
park and recreational facilities.
Section 3. The parklands authorized by section one of this act to be
discontinued as parklands are described as follows: ALL THAT TRACT OR
PARCEL OF LAND situate in the Town of Niagara, County of Niagara and
State of New York, and being part of Lot No. 8, Township 13, Range 9 of
the Holland Land Purchase so called, more particularly described as
follows: BEGINNING at a point which is located 242 feet east of the west
line of Lot No. 8 and 927.7 feet south of the north line of Lot No. 8;
thence running east along a line parallel to the north line of Lot No. 8
505 feet; thence north along a line parallel to the west line of Lot No.
8, 346.9 feet; thence west along a line parallel to the north line of
Lot No. 8 505 feet; thence south along a line parallel to the west line
of Lot No. 8 to the point of beginning; ALL THAT TRACT OR PARCEL OF LAND
situate in the Town of Niagara, County of Niagara, and State of New
York, being a part of Lot No. 8, Township 13, Range 5 of the Holland
Land Purchase so called, more particularly described as follows: BEGIN-
NING at a point 66 feet east of the west line of Lot No. 8 and 927.7
feet south of the north line of Lot No. 8; thence easterly along a line
parallel to the north line of Lot No. 8, 681 feet ; thence south along a
line parallel to the west line of Lot No. 8J 66 feet; thence west along
a line parallel to the north line of Lot No. 8, 681 feet; thence north
66 feet to the point of beginning; and ALL THAT TRACT OR PARCEL OF LAND
situate in the Town of Niagara, County of Niagara and State of New York,
and being part of Lot No. 8, Township 13, Range 5 of the Holland Land
Purchase so called, more particularly described as follows: BEGINNING at
a point which is located 242 feet east of the west line of Lot No. 8 and
927.7 feet south of the north line of Lot No. 8; thence running east
along a line parallel to the north of Lot No. 8, 505 feet; thence north
along a line parallel to the west line of Lot No. 8, 346.9 feet; thence
west along a line parallel to the north line of Lot No. 8, 505 feet;
thence south along a line parallel to the west line of Lot No. 8 to the
point of beginning
Section 5. Effective date
 
JUSTIFICATION:
For more than a century, New York courts have held that municipal park-
land is subject toòa "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.
 
PRIOR LEGISLATIVE HISTORY:
New bill.
 
EFFECTIVE DATE:
This bill shall take effect immediately.