senate Bill S1545

2011-2012 Legislative Session

Defines blighted properties and areas; repealer

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee

  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to judiciary
Jan 10, 2011 referred to judiciary


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S1545 - Details

See Assembly Version of this Bill:
Law Section:
Eminent Domain Procedure Law
Laws Affected:
Amd §§103 & 204, add §204-a, EDP L; amd §§2, 3, 5 & 10, rpld & add §3 sub 12, UDC Act
Versions Introduced in 2009-2010 Legislative Session:
S6791, A10811

S1545 - Summary

Defines blighted properties and areas.

S1545 - Sponsor Memo

S1545 - Bill Text download pdf

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


                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 10, 2011

  MONTGOMERY, PARKER -- read twice and ordered printed, and when printed
  to be committed to the Committee on Judiciary

AN ACT to amend the eminent domain procedure law and the New York  state
  urban development corporation act, in relation to defining blight; and
  to  repeal  certain provisions of the New York state urban development
  corporation act relating thereto


  Section  1.  Legislative  findings  and intent. The legislature hereby
finds and declares that eminent domain,  while  a  meaningful  tool  for
government to move forward on important projects, has come under a great
deal  of  criticism  in  recent  years for many alleged abuses that have
occurred within the state of  New  York.  Traditionally,  the  right  of
eminent domain, or the state's ability to seize private land was limited
for  "public use". However, over the years, phrases such as "public use"
and "blighted" have taken on more expansive meanings.
  Since Kelo v. City of New London, the 2005 decision in which the  U.S.
Supreme  Court  approved  the  forcible  transfer  of  property from one
private owner to another in the name of "economic  development",  forty-
three states have passed eminent domain reform legislation. New York has
thus  far  failed  to  take such action but continues again and again to
approve eminent domain condemnation for projects  that  benefit  private
entities  at  the  public's  expense. A 2009 report by the Institute for
Justice entitled "Building Empires, Destroying Homes:    Eminent  Domain
Abuse  in  New York" detailed widespread eminent domain abuse throughout
the state.
  Furthermore, two recent court decisions, Goldstein v. New  York  State
Urban  Development Corporation and Kaur v. New York State Urban Develop-
ment Corporation demonstrate the need to balance the rights of  property
owners without stifling positive economic development programs. Instead,

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


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