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Assembly Bill A2985

2009-2010 Legislative Session

Relates to the taking of private property; repealer

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Archive: Last Bill Status - In Assembly Committee

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2009-A2985 (ACTIVE) - Details

See Senate Version of this Bill:
S1504
Current Committee:
Assembly Judiciary
Law Section:
Constitution, Concurrent Resolutions to Amend
Laws Affected:
Rpld & add Art 1 ยง7, Constn
Versions Introduced in Other Legislative Sessions:
2011-2012: A9209, S2898
2013-2014: S1045

2009-A2985 (ACTIVE) - Summary

Provides that with just compensation paid, private property may be taken only when necessary for the possession, occupation, or enjoyment of land by the public at large or by public agencies.

2009-A2985 (ACTIVE) - Bill Text download pdf 

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

                                  2985

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 22, 2009
                               ___________

Introduced  by  M.  of  A. CHRISTENSEN -- Multi-Sponsored by -- M. of A.
  RABBITT -- read once and referred to the Committee on Judiciary

            CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY

proposing an amendment to section 7 of article 1 of the constitution, in
  relation to the taking of private property; and repealing section 7 of
  article 1 of the constitution relating to just compensation for taking
  private property

  Section 1. Resolved (if the Senate concur), That section 7 of  article
1  of  the  constitution is REPEALED and a new section 7 of article 1 is
added to read as follows:
  S 7. (A) WITH JUST COMPENSATION PAID, PRIVATE PROPERTY  MAY  BE  TAKEN
ONLY  WHEN  NECESSARY  FOR  THE POSSESSION, OCCUPATION, AND ENJOYMENT OF
LAND BY THE PUBLIC AT LARGE, OR BY PUBLIC AGENCIES.
  (B) EXCEPT FOR PRIVATELY OWNED COMMON CARRIERS AND  PUBLIC  UTILITIES,
PRIVATE PROPERTY SHALL NOT BE TAKEN FOR USE BY PRIVATE COMMERCIAL ENTER-
PRISE,  FOR  ECONOMIC  DEVELOPMENT, OR FOR ANY OTHER PRIVATE USE, EXCEPT
WITH THE CONSENT OF THE OWNER. PROPERTY SHALL  NOT  BE  TAKEN  FROM  ONE
OWNER  AND  TRANSFERRED  TO ANOTHER, ON THE GROUNDS THAT THE PUBLIC WILL
BENEFIT FROM A MORE PROFITABLE PRIVATE USE.
  (C) WHENEVER AN ATTEMPT IS MADE TO TAKE PRIVATE  PROPERTY  FOR  A  USE
ALLEGED TO BE PUBLIC, THE QUESTION WHETHER THE CONTEMPLATED USE BE REAL-
LY  PUBLIC  SHALL BE A JUDICIAL QUESTION, AND DETERMINED AS SUCH WITHOUT
REGARD TO ANY LEGISLATIVE ASSERTION THAT THE USE IS PUBLIC.
  S 2. Resolved (if the Senate concur), That the foregoing amendment  be
referred  to  the  first regular legislative session convening after the
next succeeding general election of members of  the  assembly,  and,  in
conformity  with  section  1  of  article  19  of  the  constitution, be
published for 3 months previous to the time of such election.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD89058-01-9

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