As all park land (including local parks, county parks, state forests and forest preserve) in NY State belong to all of the people, it is important that they remain in the hands of the people, for all to use and enjoy for all times. Only under specific circumstances can government take park land away from the people, and when they do, they must always replace it with some of comparable or greater value.
Today’s fodder is an excerpt from the Alienation Handbook put out by Office of Parks, Recreation, and Historic Preservation.
The following have been determined by the courts to be alienations:
The conveyance, sale, or lease of municipal parkland or recreational facilities to another entity, such as an adjoining property owner, a developer, or a school district, which results in the facility no longer being used for public park and recreation purposes.
The lease of municipal park or recreational facilities even though the resource may continue to be used for public park and recreational purposes.
The use of parkland by a municipality for a non-park purpose, such as for a water filtration facility, a landfill, a museum, senior housing, temporary parking of police or municipal vehicles, or street construction.
Restricting to local residents the use of recreational facilities that had previously been open to all persons.
Failure to keep a public park or recreational facility equally open to the public. A public park or recreational facility must be open to the public on an equitable basis. Where availability of public facilities is limited, such as with ball fields or marina berths, the use of facilities should be determined by some method which gives everyone the same opportunity for access, such as assignment on a “first-come, first-served” basis, or by using a lottery system.
These are considered to be non-alienations:
The construction and subsequent issuance of a revocable license for the operation of a park facility such as a cafe, snack bar, parking, or for a boat rental service which serves park patrons in connection with their use of the park.
A revocable permit for the use of park facilities for a special program or function, such as an arts and crafts fair, or a permit of greater duration for the temporary use of park facilities which are not otherwise being used by the public. The permit should contain a provision that it may be revoked at-will by the municipality. A temporary use should not be allowed to lapse into a permanent one.
The operation of a public park or recreational facility by a private concern. A public park and recreational facility need not be operated by a public entity, but may be a facility operated by a private, profit-making concern on behalf of a municipality under a lease or license agreement. To remain a public facility, the agreement must serve a public purpose, and must not result in exclusively private use. Also, the use must be one that is compatible and appropriate for the park or recreational area in question.
Charging ìuse fees, as long as they are reasonable and non-discriminatory. Where use fees are charged, whether by a public or private operator, they should not be in excess of those charged for comparable facilities in the area. A municipality may charge persons who are not residents of the community higher fees than it charges to residents, but case law suggests that non-resident fees should not substantially exceed the comparable fees assessed to residents.
Cheney Pond Road is a dirt road off of Boreas Road, about 15 miles east of Newcomb. It is a rough road, with the pass year’s washouts, don’t try it without a truck. It will take you a rather pretty lake and damed up river you can paddle around.
Here is a printable map you can click to see full size then download.
And now down as Cheney Pond…
If you want to spend the night, you can roadside camp at a site with a picnic table and outhouse, tent camp at an “informal” campsite with a fire pit near the lean-to or camp in the lean-to. None of the campsites at Vanderwhacker Wild Forest have “Camp Here Disks”.
In 1970, Earth Day activists talked about Thinking Globally, But Acting Locally. Their argument was that what one community does, effects other communities. Yet, it’s too difficult to affect international communities, so it’s best to focus locally. Yet, today we see the problem with thinking too globally and ignoring local concerns.
On this Earth Day I would suggest a different approach to environmental problems: rather then thinking globally and acting locally, we should instead think locally and act locally. Despite all the hype about global commerce, and advances in transportation, we spend most of our lives locally in places that should matter.
Local places are any places where we reside, work, or otherwise spend time in. Too often local places do not get the attention they deserve. There is such a national and international focus on issues, and our nearby surroundings get ignored at the cost of bigger issues. This Earth Day we should pay more attention to our communities, to their needs, and their future.
Too often all the action and concern is over big issues. There will certainly be a lot cry and concern about Climate Change and fossil fuels this year. That’s a big issue. But what about our own communities? Is their a need to demand better transit options, better parks, and more businesses nearby? Especially with rising gas prices, we should be concerned more about our community’s well being, as it’s getting more and more expensive to get away.
We do not need any more cookie cutter communities or standardized designs that reflect global trends. We need to think more locally, more about building communities that suit local needs, not theoretical national or international trends. It’s time we moved away from a one size fits all, and work to develop communities that serve local needs efficiently and desirably.
