senate Bill S795

2009-2010 Legislative Session

Creates a temporary commission on eminent domain; appropriation

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Corporations, Authorities And Commissions Committee

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

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view actions (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 04, 2010 committee discharged and committed to corporations, authorities and commissions
Jan 06, 2010 referred to finance
Jan 15, 2009 referred to finance

S795 (ACTIVE) - Details

See Assembly Version of this Bill:
Current Committee:
Senate Corporations, Authorities And Commissions
Law Section:
Versions Introduced in Other Legislative Sessions:
2011-2012: S1925
2013-2014: S3517

S795 (ACTIVE) - Summary

Creates a temporary commission on eminent domain reform to examine, evaluate and make recommendations concerning the scope and effectiveness of eminent domain procedure laws and the use of such power by public entities; makes a $100,000 appropriation to fund such temporary commission.

S795 (ACTIVE) - Sponsor Memo

S795 (ACTIVE) - Bill Text download pdf

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


                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 15, 2009

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

AN ACT to provide for the creation of a temporary  state  commission  to
  examine  eminent  domain  laws  and  make  recommendations for further
  reforms; and making an appropriation therefor


  Section  1.  A temporary commission on eminent domain reform is hereby
created to examine, evaluate, and make  recommendations  concerning  the
scope and effectiveness of the eminent domain procedure law.
  1.  Legislative  findings and intent. The legislature hereby finds and
declares that eminent domain is an important tool for government to move
forward on important public projects. However, there needs to be a thor-
ough examination of the eminent domain procedure law to determine if any
changes need to be made to current law to clarify the rights of property
owners.  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
  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 economic development purposes;
  (b) the procedural fairness of  the  eminent  domain  procedure  laws,
including statutory definitions thereunder;

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


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