S T A T E O F N E W Y O R K
________________________________________________________________________
3366
2011-2012 Regular Sessions
I N A S S E M B L Y
January 25, 2011
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Introduced by M. of A. PRETLOW -- read once and referred to the Commit-
tee on Judiciary
AN ACT to amend the public authorities law, the not-for-profit corpo-
ration law, the general municipal law and the eminent domain procedure
law, in relation to eminent domain reform
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
the "eminent domain reform act".
S 2. The public authorities law is amended by adding a new section
1831-b to read as follows:
S 1831-B. EXERCISE OF POWER OF EMINENT DOMAIN; LIMITATIONS. THE LOCAL
LEGISLATIVE BODY OF EACH CITY, TOWN, OR VILLAGE IN WHICH THE AUTHORITY
SEEKS TO EXERCISE THE POWER OF EMINENT DOMAIN SHALL HAVE THE AUTHORITY
TO APPROVE OR DISAPPROVE ANY EXERCISE OF SUCH POWER BY THE AUTHORITY.
EVERY SUCH LOCAL LEGISLATIVE BODY SHALL APPROVE OR DISAPPROVE ANY EXER-
CISE OF SUCH POWER BY MAJORITY VOTE. WHERE APPLICABLE IN THE ENACTMENT
OF LOCAL LAWS, THE CHIEF EXECUTIVE OFFICER OF SUCH LOCALITY IF THE
OFFICE OF SUCH CHIEF EXECUTIVE OFFICER IS ELECTIVE SHALL APPROVE OR
DISAPPROVE SUCH LOCAL LEGISLATIVE BODY'S DECISION, SUBJECT TO ANY APPLI-
CABLE RIGHT TO OVERRIDE.
S 3. Paragraph (i) of section 1411 of the not-for-profit corporation
law is relettered paragraph (j) and a new paragraph (i) is added to read
as follows:
(I) MUNICIPAL INPUT. THE LOCAL LEGISLATIVE BODY OF EACH CITY, TOWN,
OR VILLAGE IN WHICH ANY PART OF THE REAL PROPERTY TO BE ACQUIRED IS
LOCATED SHALL HAVE THE AUTHORITY TO APPROVE OR DISAPPROVE ANY CORPO-
RATION'S USE OF EMINENT DOMAIN. EACH SUCH LOCAL LEGISLATIVE BODY SHALL
APPROVE OR DISAPPROVE ANY PROPOSED CORPORATE USE OF THE POWER OF EMINENT
DOMAIN BY MAJORITY VOTE. WHERE APPLICABLE IN THE ENACTMENT OF LOCAL
LAWS, THE CHIEF EXECUTIVE OFFICER OF SUCH LOCALITY IF THE OFFICE OF SUCH
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07507-01-1
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CHIEF EXECUTIVE OFFICER IS ELECTIVE SHALL APPROVE OR DISAPPROVE SUCH
GOVERNING BODY'S DECISION, SUBJECT TO ANY APPLICABLE RIGHT TO OVERRIDE.
S 4. The general municipal law is amended by adding a new section
858-c to read as follows:
S 858-C. MUNICIPAL INPUT. THE GOVERNING BODY OF EACH CITY, TOWN, OR
VILLAGE FOR WHOSE BENEFIT, IN WHOLE OR IN PART, AN AGENCY IS ESTABLISHED
SHALL HAVE THE AUTHORITY TO APPROVE OR DISAPPROVE ANY AGENCY USE OF
EMINENT DOMAIN. EACH SUCH GOVERNING BODY SHALL APPROVE OR DISAPPROVE THE
USE OF EMINENT DOMAIN BY MAJORITY VOTE. WHERE APPLICABLE IN THE ENACT-
MENT OF LOCAL LAWS, THE CHIEF EXECUTIVE OFFICER OF SUCH LOCALITY IF THE
OFFICE OF SUCH CHIEF EXECUTIVE OFFICER IS ELECTIVE SHALL APPROVE OR
DISAPPROVE SUCH GOVERNING BODY'S DECISION, SUBJECT TO ANY APPLICABLE
RIGHT TO OVERRIDE.
S 5. Section 103 of the eminent domain procedure law is amended by
adding two new subdivisions (H) and (I) to read as follows:
(H) "ECONOMIC DEVELOPMENT PROJECT" MEANS ANY PROJECT FOR WHICH ACQUI-
SITION OF REAL PROPERTY MAY BE REQUIRED FOR A PUBLIC USE, BENEFIT, OR
PURPOSE WHERE SUCH PUBLIC USE, BENEFIT, OR PURPOSE IS PRIMARILY FOR
ECONOMIC DEVELOPMENT AND WHERE THE CONDEMNEE'S REAL PROPERTY IS A HOME
OR DWELLING.
(I) FOR THE PURPOSES OF ARTICLE TWO OF THIS CHAPTER:
(1) "HOME" MEANS OWNER-OCCUPIED RESIDENTIAL PREMISES CONSISTING OF NOT
MORE THAN SIX DWELLING UNITS.
(2) "DWELLING" MEANS RESIDENTIAL PREMISES CONSISTING OF NOT MORE THAN
THIRTY DWELLING UNITS, NONE OF WHICH IS OCCUPIED BY AN OWNER OF SUCH
PREMISES.
(3) IN THE CASE OF COOPERATIVE APARTMENT CORPORATIONS, TITLE TO THAT
PORTION OF REAL PROPERTY OWNED BY A COOPERATIVE APARTMENT CORPORATION IN
WHICH A TENANT-STOCKHOLDER OF SUCH CORPORATION RESIDES, AND WHICH IS
REPRESENTED BY HIS OR HER SHARE OR SHARES OF STOCK IN SUCH CORPORATION
AS DETERMINED BY ITS OR THEIR PROPORTIONAL RELATIONSHIP TO THE TOTAL
OUTSTANDING STOCK OF THE CORPORATION, INCLUDING THAT OWNED BY THE CORPO-
RATION, SHALL BE DEEMED TO BE VESTED IN SUCH TENANT-STOCKHOLDER NOTWITH-
STANDING THE NUMBER OF DWELLING UNITS IN SUCH RESIDENTIAL PREMISES, THUS
QUALIFYING A COOPERATIVE APARTMENT AS A HOME.
S 6. Subdivision (B) of section 204 of the eminent domain procedure
law is amended to read as follows:
(B) The condemnor, in its determination and findings, shall specify,
but shall not be limited to the following:
(1) the public use, benefit or purpose to be served by the proposed
public project;
(2) the approximate location for the proposed public project and the
reasons for the selection of that location;
(3) the general effect of the proposed project on the environment and
residents of the locality;
(4) A DECLARATION TO SUCH EFFECT IF THE PRIMARY PUBLIC PURPOSE IS
DETERMINED TO BE FOR ECONOMIC DEVELOPMENT WHERE ONE OR MORE CONDEMNEES'
HOMES OR DWELLINGS ARE TO BE AFFECTED; AND
(5) such other factors as it considers relevant.
S 7. The eminent domain procedure law is amended by adding a new
section 204-a to read as follows:
S 204-A. ECONOMIC DEVELOPMENT CONDEMNATION FINDINGS AND HOMEOWNER
PROTECTION. (A) IF THE CONDEMNOR DETERMINES PURSUANT TO PARAGRAPH FOUR
OF SUBDIVISION (B) OF SECTION TWO HUNDRED FOUR OF THIS ARTICLE THAT THE
PRIMARY PUBLIC PURPOSE OR BENEFIT IS FOR ECONOMIC DEVELOPMENT, THE
CONDEMNOR, IN COOPERATION WITH THE GOVERNMENT OF THE LOCALITY IN WHICH
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THE REAL PROPERTY TO BE ACQUIRED IS LOCATED SHALL PREPARE A COMPREHEN-
SIVE ECONOMIC DEVELOPMENT PLAN FOR THE AFFECTED AREA. THE COMPREHENSIVE
ECONOMIC DEVELOPMENT PLAN SHALL INCLUDE, BUT NOT BE LIMITED TO, THE
ACTUAL OR EXPECTED BENEFITS OF THE PROJECT, INCLUDING THE EXPECTED
INCREASED TAX REVENUE OR EXPECTED CREATION OF JOBS, THE TYPES OF BUSI-
NESSES OR INDUSTRY THAT WILL USE THE CONDEMNED PROPERTY, AND ALTERNA-
TIVES TO THE PLAN. WHEN A DRAFT COMPREHENSIVE ECONOMIC DEVELOPMENT PLAN
IS CREATED, THE CONDEMNOR, IN COOPERATION WITH THE GOVERNMENT OF THE
LOCALITY IN WHICH THE REAL PROPERTY TO BE ACQUIRED IS LOCATED SHALL HOLD
AT LEAST ONE PUBLIC HEARING TO COMPILE AND ANALYZE PUBLIC INPUT. THE
PUBLIC HEARING SHALL BE HELD IN ACCORDANCE WITH THE PROVISIONS OF THIS
ARTICLE AT A LOCATION REASONABLY PROXIMATE TO THE REAL PROPERTY WHICH
MAY BE ACQUIRED FOR SUCH PROJECT. THEREAFTER, THE CONDEMNOR SHALL
COMPLETE A FINAL COMPREHENSIVE ECONOMIC DEVELOPMENT PLAN TO BE SUBMITTED
TO THE LOCAL LEGISLATIVE BODY, SUBJECT TO ANY APPLICABLE RIGHT TO OVER-
RIDE FOR ITS APPROVAL. TO MOVE FORWARD WITH THE PROJECT, THE LOCAL
LEGISLATIVE BODY MUST APPROVE THE PLAN BY A MAJORITY VOTE, AND IT MUST
ALSO BE APPROVED BY THE CHIEF EXECUTIVE OFFICER OF SUCH LOCALITY IF THE
OFFICE OF SUCH CHIEF EXECUTIVE OFFICER IS ELECTIVE.
(B) THE CONDEMNOR SHALL ALSO CREATE A HOMEOWNER IMPACT ASSESSMENT
STATEMENT. THE CONDEMNOR, IN THE HOMEOWNER IMPACT ASSESSMENT STATEMENT,
SHALL ASSESS THE ACTUAL HARM TO AFFECTED CONDEMNEES' THAT WOULD LOSE
THEIR HOMES OR DWELLINGS AND COMPARE SUCH HARM WITH THE REASONABLY
EXPECTED COMMUNITY BENEFITS, INCLUDING BUT NOT LIMITED TO HOW THE
CONDEMNOR JUSTIFIES THE TAKING OF THE CONDEMNEES' HOMES OR DWELLINGS.
THE HOMEOWNER IMPACT ASSESSMENT STATEMENT SHALL BE COMPLETED SIMULTANE-
OUSLY WITH THE COMPREHENSIVE ECONOMIC DEVELOPMENT PLAN UNDER SUBDIVISION
(A) OF THIS SECTION. THE HOMEOWNER IMPACT ASSESSMENT STATEMENT SHALL BE
MADE WIDELY AVAILABLE.
(C) IN CASES WHERE A CONDEMNEE'S HOME OR DWELLING IS ACQUIRED FOR AN
ECONOMIC DEVELOPMENT PROJECT, THE CONDEMNOR SHALL, IN ADDITION TO ANY
OTHER COMPENSATION REQUIREMENTS UNDER THIS ARTICLE, COMPENSATE THE
CONDEMNEE A MINIMUM OF ONE HUNDRED FIFTY PERCENT OF THE FAIR MARKET
VALUE OF THE REAL PROPERTY. RESIDENTS WHO ARE DISPLACED BY THE ECONOMIC
DEVELOPMENT PROJECT SHALL ALSO BE COMPENSATED AT LEAST ONE HUNDRED FIFTY
PERCENT OF THE ANNUAL RENT OF SUCH DWELLING.
S 8. Subdivision (A) of section 207 of the eminent domain procedure
law, as amended by chapter 356 of the laws of 1982, is amended to read
as follows:
(A) Any person or persons jointly or severally, aggrieved by the
condemnor's determination and findings made pursuant to section two
hundred four of this article, may seek judicial review thereof by the
appellate division of the supreme court, in the judicial department
embracing the county wherein the proposed facility is located by the
filing of a petition in such court within [thirty] NINETY days after the
condemnor's completion of its publication of its determination and find-
ings pursuant to section two hundred four [herein] OF THIS ARTICLE. Such
petition shall be accompanied by proof of service of a demand on the
condemnor to file with said court a copy of a written transcript of the
record of the proceeding before it, and a copy of its determination and
findings. Upon receipt of such petition and demand, the condemnor shall
forthwith deliver to the court a copy of the record and a copy of its
determination and findings. The proceeding shall be heard on the record
without requirement of reproduction. If such proposed public improvement
is located in more than one judicial department, such proceeding may be
brought in any one, but only one, of such departments, and all such
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proceedings with relation to any single public project shall be consol-
idated with that first filed. IF THE CONDEMNOR SUBSTANTIALLY ALTERS THE
SCOPE OF THE PROJECT OR THE DETERMINATION AND FINDINGS, THEN THE CONDEM-
NEE SHALL HAVE AN ADDITIONAL NINETY DAYS FROM THE CONDEMNOR'S PUBLICA-
TION OF SUCH ALTERATION, WHICH PUBLICATION IS HEREBY REQUIRED, TO SEEK
JUDICIAL REVIEW UNDER THIS SECTION.
S 9. This act shall take effect on the one hundred twentieth day after
it shall have become a law.