assembly Bill A2860

2009-2010 Legislative Session

Creates the real property regulatory impacts act

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee


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

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Actions

view actions (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 03, 2010 held for consideration in judiciary
Jan 06, 2010 referred to judiciary
Jan 21, 2009 referred to judiciary

A2860 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Real Property Law
Laws Affected:
Add Art 12-D ยงยง447-a - 447-g, RP L
Versions Introduced in Other Legislative Sessions:
2011-2012: A2635
2013-2014: A3216
2015-2016: A3924
2017-2018: A7340
2019-2020: A6119

A2860 (ACTIVE) - Summary

Creates the real property regulatory impacts act; provides that the owner of any real property may bring an action against the state whenever the application of any state statute, rule or regulation to such property causes a diminution in value of fifty percent or more.

A2860 (ACTIVE) - Bill Text download pdf

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

                                  2860

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 21, 2009
                               ___________

Introduced  by M. of A. FITZPATRICK, WALKER -- read once and referred to
  the Committee on Judiciary

AN ACT to amend the real property law, in relation to the real  property
  regulatory impacts act

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

  Section 1. The real property law is amended by adding  a  new  article
12-D to read as follows:

                              ARTICLE 12-D
                  REAL PROPERTY REGULATORY IMPACTS ACT

SECTION 447-A. SHORT TITLE.
        447-B. DEFINITIONS.
        447-C. ATTORNEY GENERAL RULE REVIEW.
        447-D. DIMINUTION IN VALUE.
        447-E. INVALIDATION.
        447-F. STATUTE OF LIMITATIONS.
        447-G. CONSTITUTIONAL OR STATUTORY RIGHTS NOT RESTRICTED.
  S  447-A. SHORT TITLE. THIS ACT SHALL BE KNOWN AND MAY BE CITED AS THE
"REAL PROPERTY REGULATORY IMPACTS ACT".
  S 447-B. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE, THE  FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  1.  "DIMINUTION  IN  VALUE  OF  FIFTY  PERCENT  OR MORE" MEANS A FIFTY
PERCENT REDUCTION IN THE FAIR MARKET VALUE OF THE REAL PROPERTY  SUBJECT
TO  ANY  STATE  STATUTE,  REGULATION  OR  RULE,  OR TO THE DENIAL OF ANY
PERMIT, LICENSE OR AUTHORIZATION BY THE STATE.
  2. "INVERSE CONDEMNATION" MEANS A SUIT AGAINST THE  STATE  TO  RECOVER
MONEY  DAMAGES  EQUAL  TO THE DIMINUTION IN THE FAIR MARKET VALUE OF THE
PROPERTY.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02734-01-9

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