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Assembly Bill A2081

2009-2010 Legislative Session

Requires a new public hearing for any change made to a proposed eminent domain project after the conclusion of public hearings

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Archive: Last Bill Status - In Assembly Committee

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2009-A2081 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Eminent Domain Procedure Law
Laws Affected:
Amd ยง205, EDP L

2009-A2081 (ACTIVE) - Summary

Requires a new public hearing for any change made to a proposed eminent domain project after the conclusion of public hearings.

2009-A2081 (ACTIVE) - Bill Text download pdf 

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

                                  2081

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2009
                               ___________

Introduced by M. of A. O'DONNELL -- Multi-Sponsored by -- M. of A. CLARK
  -- read once and referred to the Committee on Judiciary

AN  ACT to amend the eminent domain procedure law, in relation to amend-
  ments for field conditions

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

  Section  1. Section 205 of the eminent domain procedure law is amended
to read as follows:
  S 205. Amendments for field conditions. [Subsequent to publishing  its
determination  and  findings and only in the event that further study of
field conditions warrant, the condemnor shall have  the  right  to  make
amendments  or alterations in its proposed public project to accommodate
such field conditions. Such amendments or alterations shall not  require
further  public hearings nor invalidate any acquisition for the proposed
public project.] (A) IN THE EVENT THAT THE  CONDEMNOR  DECIDES  TO  MAKE
AMENDMENTS  OR  ALTERATIONS  TO  ITS  PROPOSED  PUBLIC PROJECT AFTER THE
CONCLUSION OF PUBLIC HEARINGS REQUIRED PURSUANT TO SECTION  TWO  HUNDRED
ONE OF THIS ARTICLE, THE CONDEMNOR SHALL CONDUCT A NEW PUBLIC HEARING OR
PUBLIC  HEARINGS  IN  ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE. TO
THE EXTENT THAT WRITTEN OR ORAL STATEMENTS FROM PREVIOUS PUBLIC HEARINGS
ON THE PROPOSED PUBLIC PROJECT ARE  STILL  APPLICABLE,  SUCH  STATEMENTS
SHALL  CONTINUE  TO  BE  CONSIDERED,  RETAINED BY THE CONDEMNOR AND MADE
AVAILABLE TO THE PUBLIC FOR EXAMINATION PURSUANT TO SECTION TWO  HUNDRED
THREE OF THIS ARTICLE.
  (B)  IN  THE  EVENT  THAT  THE CONDEMNOR DECIDES TO MAKE AMENDMENTS OR
ALTERATIONS TO ITS PROPOSED PUBLIC PROJECT AFTER THE PUBLISHING  OF  THE
DETERMINATIONS AND FINDINGS REQUIRED BY SECTION TWO HUNDRED FOUR OF THIS
ARTICLE,  THEN  THE  CONDEMNOR, AFTER CONDUCTING A NEW PUBLIC HEARING OR
PUBLIC HEARINGS PURSUANT TO  SUBDIVISION  (A)  OF  THIS  SECTION,  SHALL
PUBLISH  A NEW DETERMINATION AND FINDINGS SUBJECT TO THE REQUIREMENTS OF
SECTION TWO HUNDRED FOUR OF THIS ARTICLE.
  S 2. This act shall take effect on the thirtieth day  after  it  shall
have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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