S T A T E O F N E W Y O R K
________________________________________________________________________
385
2011-2012 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 5, 2011
___________
Introduced by M. of A. PAULIN, COLTON, BENEDETTO, CLARK, PERRY, LATIMER,
HOOPER, JAFFEE -- Multi-Sponsored by -- M. of A. BRENNAN, GALEF,
LUPARDO, PHEFFER, WEISENBERG -- read once and referred to the Commit-
tee on Judiciary
AN ACT to amend the eminent domain procedure law, in relation to the
determination of just compensation
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 501 of the eminent domain procedure law is amended
to read as follows:
S 501. Jurisdiction. (A) The court of claims shall have exclusive
jurisdiction to hear and determine all claims arising from the acquisi-
tion of real property by or in the name of the people of the state of
New York, or when jurisdiction is specifically conferred upon it by
statute.
(B) In all claims arising from the acquisition of real property other
than as provided in subdivision (A) OR (C) of this section, the supreme
court, held in the judicial district where the real property or any
portion thereof is situated, shall have exclusive jurisdiction to hear
and determine all claims arising from the acquisition of real property
and shall hear such claims without a jury or without referral to a
referee or commissioners.
(C) IN ALL CLAIMS ARISING FROM THE ACQUISITION OF REAL PROPERTY OF A
PRIVATE RESIDENCE OR OF A BUSINESS WITH GROSS RECEIPTS OF LESS THAN ONE
MILLION DOLLARS, THE OWNER OF SUCH RESIDENCE OR BUSINESS MAY ELECT TO
HAVE HIS OR HER CASE HEARD BY MEANS OF A JURY TRIAL.
S 2. Section 512 of the eminent domain procedure law is amended to
read as follows:
S 512. Decision of the court OR JURY. [The] IN NON-JURY TRIALS, THE
court, after hearing the testimony and weighing the evidence, shall
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00893-01-1
A. 385 2
determine the JUST compensation due the condemnees for damages as the
result of the acquisition. IN JURY TRIALS, THE JURY, AFTER HEARING THE
TESTIMONY AND WEIGHING THE EVIDENCE, SHALL DETERMINE THE JUST COMPEN-
SATION DUE THE CONDEMNEES AS A RESULT OF THE ACQUISITION. FOR PURPOSES
OF THIS ARTICLE, JUST COMPENSATION SHALL BE MEASURED BY FAIR MARKET
REPLACEMENT VALUE, WHICH SHALL BE AT LEAST EQUAL TO THE ACTUAL COST OF
PURCHASING AN EQUIVALENT PROPERTY IN A SIMILARLY SITUATED LOCATION WITH
A SIMILAR STRUCTURE ON THE PROPERTY. FOR PURPOSES OF DETERMINING JUST
COMPENSATION FOR THE TAKING OF A BUSINESS, THE RELIANCE BY THE BUSINESS
UPON THE ACTUAL LOCATION SHALL BE CONSIDERED, INCLUDING THE POTENTIAL
ECONOMIC LOSS OF THE BUSINESS'S CLIENT BASE. The court's decision shall
be in compliance with section four thousand two hundred thirteen of the
civil practice law and rules.
S 3. Section 701 of the eminent domain procedure law, as amended by
chapter 771 of the laws of 1987, is amended to read as follows:
S 701. Additional allowance. In ALL instances [where the order or
award is substantially in excess of the amount of the condemnor's proof
and where deemed necessary by the court for the condemnee to achieve
just and adequate compensation] UNDER SECTION FIVE HUNDRED ONE OF THIS
CHAPTER, the court, upon application, notice and an opportunity for
hearing, [may in its discretion,] SHALL award to the condemnee an addi-
tional amount, separately computed and stated, for actual and necessary
costs, disbursements and expenses, including reasonable attorney,
appraiser and engineer fees actually AND NECESSARILY incurred by such
condemnee. The application shall include affidavits of the condemnee and
all parties that have incurred expenses on the condemnee's behalf,
setting forth inter alia the amount of the expenses incurred AND THE
REASONS FOR THE PERFORMANCE OF THEIR SERVICES.
S 4. Subdivision (A) of section 702 of the eminent domain procedure
law is amended to read as follows:
(A) The condemnor shall reimburse a condemnee an amount separately
computed and stated, representing the following incidental expenses:
(1) any recording fees, transfer taxes and other similar expenses in
connection with the acquisition of the property by the condemnor or in
connection with the transfer of the property to the condemnor; and
(2) any penalty incurred by the condemnee for prepayment of any preex-
isting recorded mortgage entered into in good faith, encumbering such
property; and
(3) the pro rata portion of the real property taxes, water rents,
sewer rents, special ad valorem taxes and other charges paid or payable
to a taxing entity which are allocable to a period subsequent to the
date of vesting title or the effective date of possession of such prop-
erty in the condemnor, whichever is earlier[.]; AND
(4) REASONABLE MOVING AND RELOCATION EXPENSES; AND
(5) CLOSING COSTS ASSOCIATED WITH THE PURCHASE OF A NEW PROPERTY; AND
(6) ANY INCIDENTAL COSTS INCURRED AS A RESULT OF HAVING TO MOVE AND
REOPEN A BUSINESS.
S 5. This act shall take effect immediately and shall apply to any
condemnation that occurs after such effective date.