New York A 7917: Authorizes The New Horizon Counseling Center, Inc. to receive retroactive real property tax exempt status

Bill Text

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A07917 Summary:

BILL NOA07917 

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SAME ASSAME AS S01068

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SPONSORKim

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COSPNSR

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MLTSPNSR

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Add Art 16 §§16.01 - 16.15, Pks & Rec L

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Provides for a review process of proposals to alienate municipal parkland.

Go to top A07917 Actions:

BILL NOA07917 

&nbsp

04/11/2025referred to local governments

01/07/2026referred to local governments

Go to topA07917 Committee&nbspVotes:

Go to topA07917 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA07917 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 7917

 2025-2026 Regular Sessions

 IN ASSEMBLY

 April 11, 2025
 ___________

 Introduced by M. of A. KIM -- read once and referred to the Committee on
 Local Governments

 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

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. The parks, recreation and historic preservation law is
 2 amended by adding a new article 16 to read as follows:
 3 ARTICLE 16
 4 MUNICIPAL PARKLAND ALIENATION
 5 Section 16.01 Declaration of policy.
 6 16.03 Definitions.
 7 16.05 Municipal parkland alienation.
 8 16.07 Parkland alienation proposal review.
 9 16.09 Parkland alienation reporting.
 10 16.11 Parkland alienation enforcement.
 11 16.13 State audits.
 12 16.15 Public trust doctrine not affected.
 13 § 16.01 Declaration of policy. The legislature finds and declares that
 14 municipally owned parkland enhances the quality of life, community char-
 15 acter, and economic vitality of local communities and provides healthy
 16 and affordable recreational and educational opportunities to New York
 17 state residents and visitors. Once lost, municipal parkland is diffi-
 18 cult to recover. Accordingly, the discontinuation or alienation of
 19 municipal parkland should be accompanied by replacement with comparable
 20 parkland to be available to the community and residents of the state.
 21 New York state courts have long held that municipal parkland is
 22 subject to a "public trust" for the benefit of the public. For more than
 23 a century, New York state courts have upheld the requirement that munic-
 24 ipal parkland may not be alienated without prior enactment of state

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01651-01-5

 A. 7917 2

 1 legislation authorizing such alienation. This body of law is commonly
 2 referred to as the "public trust doctrine".
 3 Without limiting or restricting existing "public trust doctrine," it
 4 is hereby declared to be the public policy and in the public interest of
 5 this state to provide for a comprehensive program administered by the
 6 office to review proposals to alienate municipal parkland in order to
 7 promote the use, protection, and maintenance of municipal parkland for
 8 the enjoyment, welfare, recreation, prosperity, and enrichment of the
 9 people of the state of New York.
 10 § 16.03 Definitions. When used in this article:
 11 1. "Municipal parkland" shall mean real property or interests therein
 12 that is owned by a municipality that provides public park, recreation,
 13 or open space protection purposes. Municipal parkland includes: lands
 14 that have been dedicated for such purposes by the municipality through a
 15 formal resolution or similar action; lands that have been purchased or
 16 accepted for such purposes; or lands that currently or historically have
 17 been available to and used by the public for such purposes.
 18 2. "Municipal parkland alienation" shall mean any action by a munici-
 19 pality to sell, lease, discontinue, or change the use of municipal park-
 20 land.
 21 3. "Municipality" shall mean a county, town, city, or village. It
 22 shall also mean a school district or other political subdivision in
 23 instances where such entity has obtained state or federal grant funding
 24 for the creation of municipal parkland.
 25 4. "Parkland alienation legislation" shall mean legislation introduced
 26 in the state legislature authorizing a municipality to alienate parkland
 27 under its jurisdiction.