At this week’s meeting of the Environmental Advisory Board there was an interesting discussion about what constitutes parkland, and whether the Franklin Court property could be considered such.
It seems to us that according to the NY State Handbook on the Alienation and Conversion of Municipal Parkland that since the land had been used for recreational purposes it would be covered by the state statutes. In addition, it was listed by the Village in a 1993 land inventory as “passive parkland”. The following is a quote from the handbook:
“The term ‘dedicated’ is often used in referring to municipal parkland subject to State alienation requirements. Common phrases include ‘lands dedicated for park purposes’ and ‘dedicated parklands.’ The dedication of parkland may be formal through an official act by the governing body of the municipality, such as the passage or adoption of a formal resolution or local law. However, dedication can also be implied. This may occur through actions which demonstrate that the government considers the land to be parkland or the public used it as a park. Examples include: a municipality publicly announcing its intention to purchase the lands specifically for use as a park, ‘master planning’ for recreational purposes, budgeting for park purposes, ‘mapping’ lands as parkland, or constructing recreational facilities. Dedication through implication can also occur when the common and accepted use of the land is as a park. “
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