Authorizes the county of Suffolk to transfer ownership of certain parkland under the James Creek to the town of Southold for management and administration.
STATE OF NEW YORK
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7739--C
IN SENATE
January 10, 2022
___________
Introduced by Sen. PALUMBO -- read twice and ordered printed, and when
printed to be committed to the Committee on Local Government --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT in relation to authorizing the county of Suffolk to transfer
ownership of certain parkland to the town of Southold
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1.(a) Subject to the provisions of this act, the county of
2 Suffolk acting through its legislative body is hereby authorized to
3 discontinue and convey the use of a portion of county parkland more
4 particularly described in section two of this act, and to convey its
5 interest in the real property to the town of Southold upon terms agreed
6 upon by the county of Suffolk and the town of Southold for use by such
7 town of Southold for park and/or recreational purposes, provided, howev-
8 er, that such town of Southold shall continue to provide access to such
9 parkland and/or recreational facilities to all residents of the county
10 of Suffolk and the town shall not enact any fees or charges which are
11 higher for county residents who are not town residents.
12 (b) Any revenues received from the county from the transfer shall be
13 used for capital improvements of existing park or recreational and/or
14 the acquisition of additional park or recreational facilities.
15 § 2. The real property authorized to be conveyed by the county of
16 Suffolk pursuant to section one of this act is more particularly
17 described as follows:
18 All that certain plot, piece or parcel of land, situate, lying and
19 being in the town of Southold, county of Suffolk, State of New York,
20 acquired by Suffolk county on May 5, 1993 as Suffolk county tax map No.
21 1000-122-4-44.8 and recorded in Liber 11630 at Page 6, otherwise known
22 as the underwater lands of James Creek more particularly bound and
23 described as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13977-08-2
S. 7739--C 6
1 219 N49°23'55"W 11.476011 Feet to the point or place of beginning;
2 being 14.318 acres, more or less.
3 § 3. Should the lands described in section two of this act cease to be
4 used for the purposes described in section one of this act, those lands
5 shall revert to the county of Suffolk for public park and recreational
6 purposes.
7 § 4. The land to be transferred pursuant to this act and all struc-
8 tures and facilities situated on such land shall be maintained, owned
9 and operated for park purposes by the town of Southold.
10 § 5. The use of such parkland and facilities shall continue to be made
11 available to the general public of the state of New York, including all
12 residents of Suffolk county and the town of Southold. Where the avail-
13 ability of such facilities is limited, use of such facilities must be
14 determined by an equitable method.
15 § 6. In the event that the county of Suffolk received any funding
16 support or assistance from the federal government for the purchase,
17 maintenance or improvement of the parklands set forth in section two of
18 this act, the discontinuance and alienation of such parkland authorized
19 by the provisions of this act shall not occur until the county of
20 Suffolk has complied with any federal requirements pertaining to the
21 alienation or conversion of parklands, including satisfying the secre-
22 tary of the interior that the alienation or conversion complies with all
23 conditions which the secretary of the interior deems necessary to assure
24 the substitution of other lands shall be equivalent in fair market value
25 and usefulness to the lands being alienated or converted.
26 § 7. This act shall take effect immediately.
