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.