S T A T E   O F   N E W   Y O R K
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                                  4500

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 4, 2009
                               ___________

Introduced  by  M. of A. BRODSKY, LUPARDO -- Multi-Sponsored by -- M. of
  A. CLARK, LATIMER -- read once and referred to the Committee on  Judi-
  ciary

AN  ACT  to  provide for the creation of a temporary state commission to
  examine eminent domain  laws  and  make  recommendations  for  further
  reforms; 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.  A temporary commission on eminent domain reform is  hereby
created  to  examine,  evaluate, and make recommendations concerning the
scope and effectiveness of the eminent domain procedure law.
  1. Legislative findings and intent. The legislature hereby  finds  and
declares that eminent domain is an important tool for government to move
forward on important public projects. However, there needs to be a thor-
ough examination of the eminent domain procedure law to determine if any
changes need to be made to current law to clarify the rights of property
owners.    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.
  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 economic development purposes;
  (b)  the  procedural  fairness  of  the eminent domain procedure laws,
including statutory definitions thereunder;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03465-01-9
              

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  (c) the need for the creation of an eminent domain ombudsman to  serve
as  an independent office to safeguard the rights of property owners and
provide information regarding the eminent domain procedure law; and
  (d) just compensation provided to affected property owners.
  3.  The  commission shall consist of thirteen members, to be appointed
as follows: seven members to be appointed  by  the  governor;  three  of
which  shall  be representatives of local governments and three shall be
property rights advocates to be appointed by and  with  the  advice  and
consent  of  the  senate;  two  members to be appointed by the temporary
president of the senate; two 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  assem-
bly.    The appointees shall have demonstrated expertise in the field of
eminent domain law. The governor shall  designate  the  chairperson  and
vice-chairperson  of  the commission. Vacancies in the membership of the
commission and among its officers shall be filled in the manner provided
for original appointments or designations.  The legislative leaders  and
the  governor  shall  make  his or her appointments no later than ninety
days after the effective date of this act. If any  such  appointment  is
not  made  by such date, the appointing officer may make the appointment
after such date, but the vacant appointment shall not count  for  calcu-
lation of a quorum until it is filled. Vacancies in the commission shall
be filled in the same manner as the member whose vacancy is being filled
was appointed.
  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.
  5.  The commission shall begin to act ninety days after the  effective
date of this act. A quorum shall consist of a majority of the members of
the  commission  entitled  to  vote  on  the matter under consideration.
Approval of any matter shall require the affirmative vote of a  majority
of the members voting thereon.
  6.  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.
  7. 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.
  8. 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 2. 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
subdivision six of section one 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-chairper-
son of the commission as prescribed by law.

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  S 3. This act shall take effect immediately; provided further that the
temporary state commission established pursuant to section one  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 subdivision eight of
section  one  of this act; and provided further, however that the chair-
person 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 subdivision eight of section one of this act
in order that the commission may maintain an accurate and timely  effec-
tive 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 legisla-
tive law and section 70-b of the public officers law.