senate Bill S1672

2009-2010 Legislative Session

Creates a temporary state commission to consider the scope and effectiveness of eminent domain laws and balance society's needs with the peoples rights; appropriation

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 04, 2010 committee discharged and committed to corporations, authorities and commissions
Jan 06, 2010 referred to finance
Feb 04, 2009 referred to finance

S1672 - Bill Details

See Assembly Version of this Bill:
A1650
Current Committee:
Senate Corporations, Authorities And Commissions
Law Section:
Appropriations

S1672 - Bill Texts

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BILL NUMBER: S1672

TITLE OF BILL :
An act providing for the creation of a temporary state commission to
examine eminent domain laws and make recommendations for reforms
thereof and making an appropriation therefor


PURPOSE OR GENERAL IDEA :
To create a commission of experts to study and make recommendations
concerning the state's Eminent Domain Procedure Law as well as examine
the constitutional test for eminent domain.

SUMMARY OF SPECIFIC PROVISIONS :
Establishes a temporary commission to examine New York's eminent
domain law, as well as the appropriate constitutional standard to be
applied in eminent domain cases where the primary public use is
economic development.

JUSTIFICATION :
Eminent domain is an awesome power granted to state and local
governments by the state and U.S. constitutions. The exercise of
eminent domain is an essential power for government to move forward on
important public projects. However, investigations by the Legislature,
as well as the recent United States Supreme Court decision, KELO V.
CITY OF NEW LONDON , 125 S.Ct. 2655, 162 L.Ed.2d 439, 73 USLW 4552,
underscore the potential for further eminent domain reform.

Comprehensive review by a panel of experts is a prudent and measured
response to the Kelo decision and will provide the Legislature with a
touchstone for an expansive debate over eminent domain reform.

PRIOR LEGISLATIVE HISTORY :
2006: Senate Finance Committee/Assembly Judiciary Committee.
2007-08: Senate Finance Committee/Assembly Judiciary Committee

FISCAL IMPLICATION FOR STATE AND LOCAL GOVERNMENTS :
The bill contains an appropriation.

EFFECTIVE DATE :
This act shall take effect immediately; provided that the temporary
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 officers law.
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