N.Y. Parks, Recreation and Historic Preservation Law § 15.03: Manner of acquisition

§ 15.03 Manner of acquisition. 1. Lands acquired by the state pursuant

to this article shall be acquired by the office pursuant to sections

3.17 and 3.19 or, in the sixth park region, by the department of

environmental conservation, as provided by law. The moneys appropriated

for such purposes shall be paid on the audit and warrant of the state

comptroller on the certificate of the commissioner.

2. No real property shall be acquired by a municipality pursuant to

this article unless such acquisition shall have been approved by (a) the

commissioner of environmental conservation, in the case of real property

within the sixth park region; or (b) the commissioner, on the

recommendation of the state commissioner of housing and community

renewal, in the case of neighborhood parks established pursuant to

paragraph (c) of subdivision three of section 15.05; or (c) by the

commissioner, in the case of all other acquisitions. Upon such approval,

and with the approval of the governing body thereof, a municipality may

acquire such real property with the aid funds made available by this

article for municipal park purposes, by purchase, agreement or in any

other manner provided by law for the acquisition of real property for

public purposes by such municipality. The state share of the cost of

such lands shall be paid on the audit and warrant of the state

comptroller on the certificate of the commissioner and the entire cost

may be paid in the first instance by the state as an advance subject to

subsequent reimbursement of the share of the municipality. In addition

to any other legal method of financing its share of the cost of

acquisition of such lands, a municipality may raise such share by

general tax upon all taxable real property located therein or by special

tax or assessment upon the real property benefited thereby, or partly by

such general tax and partly by such special tax or assessment, in

accordance with applicable laws relating to the payment of the cost of

real property acquired by such municipality for park use. In the event a

municipality shall fail to pay its share of the cost of acquisition of

such lands within six months of the certification to the municipality by

the state comptroller of the amount of such cost, the state comptroller

shall cause to be withheld from the state assistance funds to which such

municipality would otherwise be entitled, a sum sufficient to reimburse

the state for any amount remaining unpaid, together with interest on any

such unpaid amount at the rate of three per cent per annum from the date

of such certification. Moneys so withheld shall be credited against the

amount of principal and interest payable by such municipality for its

share of the cost of acquisition of such lands.