senate Bill S6448

Amended

Authorizes the city of New York to acquire by eminent domain a certain parcel of real property in the borough of Brooklyn for a public project

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 24 / Jan / 2014
    • REFERRED TO JUDICIARY
  • 29 / May / 2014
    • AMEND (T) AND RECOMMIT TO JUDICIARY
  • 29 / May / 2014
    • PRINT NUMBER 6448A

Summary

Authorizes the city of New York to acquire by eminent domain a certain parcel of real property in the borough of Brooklyn for a public project.

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Bill Details

Versions:
S6448
S6448A
Legislative Cycle:
2013-2014
Current Committee:
Senate Judiciary
Law Section:
Eminent Domain Procedure Law
Laws Affected:
Amd §§201, 204 & 206, EDP L
Versions Introduced in 2013-2014 Legislative Cycle:
A8575A

Sponsor Memo

BILL NUMBER:S6448

TITLE OF BILL: An act to amend the eminent domain procedure law, in
relation to an expedited process for certain buildings

PURPOSE:

Dispenses with the need for public hearings on the acquisition of
certain parcels of property through the eminent domain process.

SUMMARY OF SPECIFIC PROVISIONS:

*Section 201 of the eminent domain procedure law, as amended by chapter
356 of the laws of 1982, is amended.

*Subdivision (A) if section 204 of the eminent domain procedure law, as
amended by chapter 356 of the laws of 1982, is amended.

*Section 206 of the eminent domain procedure law is amended by adding a
new subdivision (F).

JUSTIFICATION:

This bill shall allow an expedited eminent domain process to proceed if
the property subject to eminent domain action has been built with
substantial public funds for the express purpose of serving the public
good. If a government entity has invested substantial taxpayer funding
to allow the construction of a property for the express purpose of
providing important social and community services to a community, the
government must have the right to acquire such property to preserve its
investment and to continue its use for public benefit. This legislation
seeks to protect the public's substantial financial interest in the
property and presumes that substantial government financial investment
in such property warrants government ownership especially when an indi-
vidual or corporation seek to exploit that investment for another use
for which it was never intended.

LEGISLATIVE HISTORY:

New legislation.

EFFECTIVE DATE:

Immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6448

                            I N  S E N A T E

                            January 24, 2014
                               ___________

Introduced  by  Sen.  DILAN  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Judiciary

AN ACT to amend the eminent domain procedure  law,  in  relation  to  an
  expedited process for certain buildings

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 201 of the eminent domain procedure law, as amended
by chapter 356 of the laws of 1982, is amended to read as follows:
  S 201. Public hearings. Except as provided herein, prior  to  acquisi-
tion,  the  condemnor,  in  order to inform the public and to review the
public use to be served by a proposed public project and the  impact  on
the environment and residents of the locality where such project will be
constructed,  shall  conduct  a  public  hearing  in accordance with the
provisions of this article at a location  reasonably  proximate  to  the
property  which  may  be acquired for such project.  NO HEARING SHALL BE
REQUIRED FOR THE ACQUISITION OF A BUILDING  THAT  HAS  BEEN  BUILT  WITH
PUBLIC  FUNDS  OR  THAT  HAS  BEEN SOLELY OCCUPIED BY A PUBLIC ENTITY OR
PUBLIC BENEFIT ORGANIZATION FOR THE PAST TWENTY-FIVE YEARS.
  S 2. Subdivision (A) of section 204 of the  eminent  domain  procedure
law,  as  amended by chapter 356 of the laws of 1982, is amended to read
as follows:
  (A) The condemnor, within ninety days  after  the  conclusion  of  the
public  hearings  held  pursuant to this article, OR IMMEDIATELY FOR ANY
BUILDING BUILT OR OCCUPIED BY A PUBLIC ENTITY OR PUBLIC  BENEFIT  ORGAN-
IZATION AS STATED IN SECTION TWO HUNDRED ONE OF THIS ARTICLE, shall make
its  determination  and  findings concerning the proposed public project
and shall publish a brief synopsis of such determination and findings in
at least two successive issues of an official newspaper if there is  one
designated  in the locality where the project will be situated and in at
least two successive issues of a newspaper  of  general  circulation  in
such  locality.  If the official newspaper is one of general circulation
in such locality, publication  therein  as  specified  shall  be  deemed
sufficient  compliance.  The  synopsis  shall  include those factors set
forth in subdivision (B) herein, and shall also state that copies of the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13472-02-4

S. 6448                             2

determination and findings will be forwarded upon written request  with-
out cost.
  S  3.  Section  206  of the eminent domain procedure law is amended by
adding a new subdivision (F) to read as follows:
  (F) WHEN THE BUILDING SOUGHT TO BE ACQUIRED HAS BEEN BUILT WITH PUBLIC
FUNDS OR HAS BEEN SOLELY OCCUPIED BY A PUBLIC ENTITY OR  PUBLIC  BENEFIT
ORGANIZATION FOR THE PAST TWENTY-FIVE YEARS.
  S 4. This act shall take effect immediately.

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