New York S 1068: Provides for a review process of proposals to alienate municipal parkland

Bill Text

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S01068 Summary:

BILL NOS01068 

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SAME ASSAME AS A07917

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SPONSORSERRANO

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COSPNSRHOYLMAN-SIGAL, KRUEGER, PARKER

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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 S01068 Actions:

BILL NOS01068 

&nbsp

01/08/2025REFERRED TO CULTURAL AFFAIRS, TOURISM, PARKS AND RECREATION

01/07/2026REFERRED TO CULTURAL AFFAIRS, TOURISM, PARKS AND RECREATION

Go to topS01068 Committee&nbspVotes:

Go to topS01068 Floor&nbspVotes:

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

Go to topS01068 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 1068

 2025-2026 Regular Sessions

 IN SENATE

 (Prefiled)

 January 8, 2025
 ___________

 Introduced by Sens. SERRANO, HOYLMAN-SIGAL, KRUEGER, PARKER -- read
 twice and ordered printed, and when printed to be committed to the
 Committee on Cultural Affairs, Tourism, Parks and Recreation

 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

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

 S. 1068 2

 1 a century, New York state courts have upheld the requirement that munic-
 2 ipal parkland may not be alienated without prior enactment of state
 3 legislation authorizing such alienation. This body of law is commonly
 4 referred to as the "public trust doctrine".
 5 Without limiting or restricting existing "public trust doctrine," it
 6 is hereby declared to be the public policy and in the public interest of
 7 this state to provide for a comprehensive program administered by the
 8 office to review proposals to alienate municipal parkland in order to
 9 promote the use, protection, and maintenance of municipal parkland for
 10 the enjoyment, welfare, recreation, prosperity, and enrichment of the
 11 people of the state of New York.
 12 § 16.03 Definitions. When used in this article:
 13 1. "Municipal parkland" shall mean real property or interests therein
 14 that is owned by a municipality that provides public park, recreation,
 15 or open space protection purposes. Municipal parkland includes: lands
 16 that have been dedicated for such purposes by the municipality through a
 17 formal resolution or similar action; lands that have been purchased or
 18 accepted for such purposes; or lands that currently or historically have
 19 been available to and used by the public for such purposes.
 20 2. "Municipal parkland alienation" shall mean any action by a munici-
 21 pality to sell, lease, discontinue, or change the use of municipal park-
 22 land.
 23 3. "Municipality" shall mean a county, town, city, or village. It
 24 shall also mean a school district or other political subdivision in
 25 instances where such entity has obtained state or federal grant funding
 26 for the