NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8898B
SPONSOR: Morinello TITLE OF BILL:
An act in relation to authorizing the city of Niagara Falls to alienate
and discontinue the use of certain parklands
PURPOSE OR GENERAL IDEA OF BILL:
Authorizes the city of Niagara Falls to alienate and discontinue the use
of certain parklands.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1: Subject to the provisions of this act, the city of Niagara
Falls is hereby authorized, acting by and through its governing body,
and upon such terms and conditions as determined by, and in the sole
discretion of such governing body, to discontinue the use as parkland
and alienate the lands described in section three of this act, and to
convey property interests in such lands to The Papermill, LLC for the
purpose of joining two commercial properties that this parcel divides
preventing development of the adjacent properties.
Section 2: The authorization contained in section one of this act shall
only be effective on the condition that the city of Niagara Falls dedi-
cate an amount equal to or greater than 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 parkland authorized by section one of this act to be
discontinued as parkland is described as follows: ALL THAT TRACT, PIECE
OF PARCEL OF LAND, situate in the City of Niagara Falls, County of
Niagara, and State of New York, known as the "Ten Rod Strip", located
and bounded and described as follows: Beginning at a point where the
south line of Buffalo Avenue produced from the east (99-foot-wide Road-
way) intersects the east line of Tenth Street produced south; Thence
running south along the east line of Tenth Street produced south to the
north line of lands Appropriated by the Power Authority of the State of
New York for the Niagara Power Project, Map No. 1499 Parcel 1966
recorded in Liber 1426 of deeds at page 980; Thence northwesterly.,
along the north line of lands Appropriated by the Power Authority of the
State of New York for the Niagara Power Project, Map No. 1499 Parcel
1966 recorded in Liber 1426 of deeds at page 980 to a point that is
distant from the east line of Tenth Street, produced south as aforesaid
ten rods or 165 feet measured at right angles therefrom; Thence running
north, parallel to the east line of Tenth Street produced south and
distant ten rods or 165 feet therefrom to the south line of Buffalo as a
66-foot-wide Roadway; Thence east, along the south line of Buffalo
Avenue as a 66-foot-wide Roadway to the west line of Tenth Street
produced south; Thence south along the west line of Tenth Street
produced south to the south line of Buffalo Avenue produced from the
east (99-foot-wide Roadway); Thence east, along the south line of
Buffalo Avenue produced from the east (99-foot-wide Roadway) to the
POINT OR PLACE of BEGINNING, containing 1.77 acres more or less
Section 4: In the event that the city of Niagara Falls received any
funding support or assistance from the federal government for the
purchase, maintenance, or improvement of the parklands set forth in
section three of this act, the discontinuance and alienation of such
parklands authorized by the provisions of this act shall not occur until
the city of Niagara Falls has complied with any federal requirements
pertaining to the alienation or conversion of parklands, including
satisfying the secretary of the interior that the alienation or conver-
sion complies with all conditions which the secretary of the interior
deems necessary to assure the substitution of other lands shall be
equivalent in fair market value and usefulness to the lands being alien-
ated or converted.
Section 5: sets the 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
FISCAL IMPLICATIONS:
EFFECTIVE DATE:
The act shall take effect immediately
STATE OF NEW YORK
________________________________________________________________________
8898--B
IN ASSEMBLY
January 26, 2024
___________
Introduced by M. of A. MORINELLO -- read once and referred to the
Committee on Cities -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- again
reported from said committee with amendments, ordered reprinted as
amended and recommitted to said committee
AN ACT in relation to authorizing the city of Niagara Falls to alienate
and discontinue the use of certain parklands
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subject to the provisions of this act, the city of Niagara
2 Falls, county of Niagara, is hereby authorized, acting by and through
3 its governing body, and upon such terms and conditions as determined by
4 such governing body, to discontinue the use as parkland and alienate the
5 lands described in section three of this act, to The Papermill, LLC for
6 the purpose of joining two commercial properties that this parkland
7 divides preventing development of the adjacent properties.
8 § 2. The authorization contained in section one of this act shall only
9 be effective on the condition that the city of Niagara Falls dedicate an
10 amount equal to or greater than the fair market value of the parklands
11 being alienated pursuant to section one of this act towards the acquisi-
12 tion of new parklands and/or capital improvements to existing park and
13 recreational facilities.
14 § 3. The parkland authorized by section one of this act to be discon-
15 tinued as parkland is described as follows:
16 ALL THAT TRACT, PIECE OF PARCEL OF LAND, situate in the City of
17 Niagara Falls, County of Niagara, and State of New York, known as the
18 "Ten Rod Strip", located and bounded and described as follows:
19 Beginning at a point where the south line of Buffalo Avenue produced
20 from the east (99-foot-wide Roadway) intersects the east line of Tenth
21 Street produced south;
22 Thence running south along the east line of Tenth Street produced
23 south to the north line of lands Appropriated by the Power Authority of
24 the State of New York for the Niagara Power Project, Map No. 1499 Parcel
25 1966 recorded in Liber 1426 of deeds at page 980;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13779-08-4
A. 8898--B 2
1 Thence northwesterly, along the north line of lands Appropriated by
2 the Power Authority of the State of New York for the Niagara Power
3 Project, Map No. 1499 Parcel 1966 recorded in Liber 1426 of deeds at
4 page 980 to a point that is distant from the east line of Tenth Street,
5 produced south as aforesaid ten rods or 165 feet measured at right
6 angles therefrom;
7 Thence running north, parallel to the east line of Tenth Street
8 produced south and distant ten rods or 165 feet therefrom to the south
9 line of Buffalo as a 66-foot-wide Roadway;
10 Thence east, along the south line of Buffalo Avenue as a 66-foot-wide
11 Roadway to the west line of Tenth Street produced south;
12 Thence south along the west line of Tenth Street produced south to the
13 south line of Buffalo Avenue produced from the east (99-foot-wide Road-
14 way);
15 Thence east, along the south line of Buffalo Avenue produced from the
16 east (99-foot-wide Roadway) to the POINT OR PLACE of BEGINNING, contain-
17 ing 1.77 acres more or less.
18 § 4. In the event that the city of Niagara Falls received any funding
19 support or assistance from the federal government for the purchase,
20 maintenance, or improvement of the parklands set forth in section three
21 of this act, the discontinuance and alienation of such parklands author-
22 ized by the provisions of this act shall not occur until the city of
23 Niagara Falls has complied with any federal requirements pertaining to
24 the alienation or conversion of parklands, including satisfying the
25 secretary of the interior that the alienation or conversion complies
26 with all conditions which the secretary of the interior deems necessary
27 to assure the substitution of other lands shall be equivalent in fair
28 market value and usefulness to the lands being alienated or converted.
29 § 5. This act shall take effect immediately.
