S T A T E O F N E W Y O R K
________________________________________________________________________
1650
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. BRODSKY, CANESTRARI, DESTITO, FIELDS, O'DONNELL,
GREENE, WEISENBERG, MAISEL, PRETLOW -- Multi-Sponsored by -- M. of A.
ALESSI, BENJAMIN, BRADLEY, BRENNAN, CAHILL, CAMARA, CLARK, COOK, DIAZ,
EDDINGTON, FARRELL, GALEF, GLICK, GOTTFRIED, HOOPER, HOYT, JACOBS,
KOON, LATIMER, LIFTON, LUPARDO, MAGNARELLI, McENENY, MILLMAN, PAULIN,
P. RIVERA, ROBINSON, ROSENTHAL, TITONE, TITUS -- read once and
referred to the Committee on Judiciary
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04814-01-9
A. 1650 2
(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
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.