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

                                  1672

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 4, 2009
                               ___________

Introduced  by  Sens.  FLANAGAN,  BONACIC,  DeFRANCISCO,  LANZA, LARKIN,
  LITTLE, MORAHAN, VOLKER -- read twice and ordered  printed,  and  when
  printed to be committed to the Committee on Finance

AN  ACT  providing  for  the creation of a temporary state commission to
  examine eminent domain laws and make recommendations for reforms ther-
  eof and making an appropriation therefor

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

  Section  1.  Legislative  findings  and intent. The legislature hereby
finds and declares that eminent domain is an important tool for  govern-
ment  to move forward on important public projects. However, there needs
to be a thorough examination to determine how public projects  that  are
primarily  economic  development projects affect homeowners. There needs
to be a balance between the needs  of  society  and  the  constitutional
power  of  government  to  exercise  its  eminent domain powers, and the
constitutional liberty and property rights of the people.
  S 2. A temporary state commission, to be known as  the  commission  on
eminent  domain  reform,  hereinafter  referred to as the commission, is
hereby created to examine, evaluate, and make recommendations concerning
the scope and effectiveness of the eminent domain procedure law and  the
legislature's grant to certain public and other entities to exercise the
power  of  eminent  domain. Specifically the commission shall examine at
least the following:
  (a)  the  appropriate   constitutional   standard   for   condemnation
proceedings  used  for the economic development where private homeowners
are affected; and
  (b) the procedural fairness of the eminent domain procedure laws.
  S 3. The commission shall consist of thirteen members, to be appointed
as follows: three members to be appointed by the governor; three members
to be appointed by the temporary president of the senate; three  members
to  be  appointed  by  the  speaker  of  the  assembly; one member to be

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04814-01-9
              

S. 1672                             2

appointed by the minority  leader  of  the  senate;  one  member  to  be
appointed  by  the  minority leader of the assembly; one member shall be
appointed by the comptroller, and one member shall be appointed  by  the
attorney  general.  The  appointees shall have demonstrated expertise in
the field of eminent domain law. The governor shall designate the chair-
person and vice-chairperson of the commission. Vacancies in the  member-
ship  of  the  commission  and among its officers shall be filled in the
manner provided for original appointments or designations.
  S 4. The members of the commission shall receive no  compensation  for
their services, but shall be allowed their actual and necessary expenses
incurred  in  the  performance of their duties hereunder. To the maximum
extent feasible, the commission shall be entitled to request and receive
and shall utilize and be provided with such facilities,  resources,  and
data  of  any court, department, division, board, bureau, commission, or
agency of the state or any political subdivision  thereof  as  it  deems
necessary or desirable to carry out properly its powers and duties here-
under.
  S  5.  The commission may employ and at pleasure remove such personnel
as it may deem necessary for the performance of its  functions  and  fix
their compensation within the amounts made available therefor.
  S  6. The commission may meet within and without the state, shall hold
public hearings, and shall have all the powers of a legislative  commit-
tee pursuant to the legislative law.
  S 7. The commission shall submit its findings and recommendations in a
report  to  the governor, the temporary president of the senate, and the
speaker of the assembly not later than one year after it first convenes.
  S 8. The sum of one hundred thousand dollars ($100,000),  or  so  much
thereof  as may be necessary, is hereby appropriated to pay the expenses
incurred, including personal service, in carrying out the provisions  of
section  nine of this act. Such moneys shall be payable out of the state
treasury in the general fund to the credit of the state purposes account
after audit by and on the  warrant  of  the  comptroller  upon  vouchers
certified  or  approved  by  the  chairperson or vice-chairperson of the
commission as prescribed by law.
  S 9. This act shall take effect immediately; provided that the  tempo-
rary  state  commission  established pursuant to section two of this act
shall expire and be terminated on the first day next succeeding the date
of the submission of its report as provided in section seven of this act
and; provided further, however, that the chairperson  of  the  temporary
commission  on  eminent  domain reform shall notify the legislative bill
drafting commission upon the submission of its report as provided for in
section seven of this act in order that the commission may  maintain  an
accurate and timely effective data base of the official text of the laws
of  the  state of New York in furtherance of effecting the provisions of
section 44 of the legislative law and section 70-b of the  public  offi-
cers law.