NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9007
SPONSOR: Morinello 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. 8, 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 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.
EFFECTIVE DATE:
This bill shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
9007
2025-2026 Regular Sessions
IN ASSEMBLY
August 13, 2025
___________
Introduced by M. of A. MORINELLO -- read once and referred to the
Committee on Local Governments
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
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 town of Niagara,
2 county of Niagara, is hereby authorized, acting by and through its
3 governing body, and upon such terms and conditions as determined by such
4 governing body, to discontinue the use as parkland and alienate the
5 lands described in section three of this act, and to sell and convey
6 property interests in such lands at fair market value to David Gaines.
7 § 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
9 amount equal to or greater than the fair market value of the parklands
10 being alienated pursuant to section one of this act towards the acquisi-
11 tion of new parklands and/or capital improvements to existing park and
12 recreational facilities.
13 § 3. The parklands authorized by section one of this act to be discon-
14 tinued as parklands are described as follows:
15 ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Niagara, Coun-
16 ty of Niagara and State of New York, and being part of Lot No. 8, Town-
17 ship 13, Range 9 of the Holland Land Purchase so called, more partic-
18 ularly described as follows:
19 BEGINNING at a point which is located 242 feet east of the west line
20 of Lot No. 8 and 927.7 feet south of the north line of Lot No. 8; thence
21 running east along a line parallel to the north line of Lot No. 8 505
22 feet; thence north along a line parallel to the west line of Lot No. 8,
23 346.9 feet; thence west along a line parallel to the north line of Lot
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13565-02-5
A. 9007 2
1 No. 8 505 feet; thence south along a line parallel to the west line of
2 Lot No. 8 to the point of beginning;
3 ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Niagara, Coun-
4 ty of Niagara, and State of New York, being a part of Lot No. 8, Town-
5 ship 13, Range 5 of the Holland Land Purchase so called, more partic-
6 ularly described as follows:
7 BEGINNING at a point 66 feet east of the west line of Lot No. 8 and
8 927.7 feet south of the north line of Lot No. 8; thence easterly along a
9 line parallel to the north line of Lot No. 8, 681 feet; thence south
10 along a line parallel to the west line of Lot No. 8, 66 feet; thence
11 west along a line parallel to the north line of Lot No. 8, 681 feet;
12 thence north 66 feet to the point of beginning; and
13 ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Niagara, Coun-
14 ty of Niagara and State of New York, and being part of Lot No. 8, Town-
15 ship 13, Range 5 of the Holland Land Purchase so called, more partic-
16 ularly described as follows:
17 BEGINNING at a point which is located 242 feet east of the west line
18 of Lot No. 8 and 927.7 feet south of the north line of Lot No. 8; thence
19 running east along a line parallel to the north of Lot No. 8, 505 feet;
20 thence north along a line parallel to the west line of Lot No. 8, 346.9
21 feet; thence west along a line parallel to the north line of Lot No. 8,
22 505 feet; thence south along a line parallel to the west line of Lot No.
23 8 to the point of beginning.
24 § 4. In the event that the town of Niagara received any funding
25 support or assistance from the federal government for the purchase,
26 maintenance, or improvement of the parklands set forth in section three
27 of this act, the discontinuance and alienation of such parklands author-
28 ized by the provisions of this act shall not occur until the town of
29 Niagara has complied with any federal requirements pertaining to the
30 alienation or conversion of parklands, including satisfying the secre-
31 tary of the interior that the alienation or conversion complies with all
32 conditions which the secretary of the interior deems necessary to assure
33 the substitution of other lands shall be equivalent in fair market value
34 and usefulness to the lands being alienated or converted.
35 § 5. This act shall take effect immediately.
