New York Laws
Article 15 - Park and Recreation Land Acquisition Bond Acts
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.

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