The New York State Senate this week approved legislation (S. 7358-A) sponsored by State Senator Michael Balboni that would prohibit municipalities within the Town of North Hempstead from seizing private recreational facilities in order to use the facility for the same purpose as the private owner. The measure comes in response to a proposal from a municipality to use the power of eminent domain to seize a private golf club for use as a residents-only municipal golf club.

Senator Balboni (R-East Williston) said, "Eminent domain has its roots in the feudal lords of Great Britain, who used that power to seize whatever land they wished. Here in America, while governments may utilize the power of eminent domain for legitimate and important public uses, this local example pushes that power too far. That's one of the reasons I sponsored this legislation which will not curtail the traditional rights of municipalities. Enactment of this legislation will also help protect school districts and property taxpayers who would have to shoulder the burden if the private golf facility were taken off the tax rolls and safeguard the environment because the facility in question is located in a special groundwater protection area."