Assembly Bill A3598

2009-2010 Legislative Session

Requires a condemnor to compensate home owners for loss in value due to a diminished viewshed

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2009-A3598 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Eminent Domain Procedure Law
Laws Affected:
Add §306, EDP L
Versions Introduced in Other Legislative Sessions:
2011-2012: A2790
2013-2014: A2237

2009-A3598 (ACTIVE) - Summary

Requires a condemnor to compensate home owners for loss in value due to a diminished viewshed.

2009-A3598 (ACTIVE) - Bill Text download pdf 

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

                                  3598

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2009
                               ___________

Introduced  by  M.  of  A.  CROUCH,  WALKER, HAWLEY, McDONOUGH, FINCH --
  Multi-Sponsored by -- M.  of A. CALHOUN, DUPREY, QUINN, THIELE -- read
  once and referred to the Committee on Judiciary

AN ACT to amend the eminent domain procedure law, in relation to requir-
  ing homeowners to be compensated for reduction in the value  of  their
  home due to a diminished viewshed

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

  Section 1. The eminent domain procedure law is amended by adding a new
section 306 to read as follows:
  S 306. OFFERS FOR DIMINISHED VIEWSHED. (A) WHENEVER A  PUBLIC  PROJECT
IS  ESTABLISHED  WITHIN ONE THOUSAND FEET OF A RESIDENTIAL DWELLING, THE
CONDEMNOR SHALL INVESTIGATE ANY POTENTIAL LOSS IN  VALUE  OF  SUCH  REAL
PROPERTY DUE TO A DIMINISHED VIEWSHED RESULTING FROM THE PUBLIC PROJECT.
IF  IT  IS DETERMINED THAT THERE IS A LOSS IN VALUE OF SUCH PROPERTY DUE
TO THE DIMINISHED VIEWSHED, THE CONDEMNOR SHALL COMPENSATE THE OWNER  OF
SUCH PROPERTY WITH THE FAIR MARKET VALUE OF THE LOSS.
  (B)  ALL  OFFERS  MADE  AND  NEGOTIATIONS  UNDERTAKEN PURSUANT TO THIS
SECTION SHALL BE SUBJECT TO THE SAME PROVISIONS AS  ALL  OTHER  ACQUISI-
TIONS  PURSUANT  TO  THIS  CHAPTER.  A PERSON WHOSE PROPERTY IS AFFECTED
UNDER THIS SECTION IS ENTITLED TO THE SAME  PROCEDURES  FOR  DETERMINING
JUST COMPENSATION UNDER ARTICLE FIVE OF THIS CHAPTER.
  S  2.  This  act  shall take effect immediately and shall apply to any
public project that has not been completed as of such effective date.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06783-01-9

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