senate Bill S2862

2011-2012 Legislative Session

Relates to the use of eminent domain

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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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to judiciary
Feb 02, 2011 referred to judiciary

Co-Sponsors

S2862 - Details

See Assembly Version of this Bill:
A9208
Current Committee:
Law Section:
Eminent Domain Procedure Law
Laws Affected:
Amd §§104 & 702, add §204-a, EDP L
Versions Introduced in 2009-2010 Legislative Session:
S1653, A3069

S2862 - Summary

Establishes eminent domain shall only be used for public projects; establishes after any industrial development agency approves the use of eminent domain, the county legislature or the New York city council shall vote to determine whether or not to condemn such property; establishes a condemnor shall reimburse a condemnee any relocation costs.

S2862 - Sponsor Memo

S2862 - Bill Text download pdf

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

                                  2862

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 2, 2011
                               ___________

Introduced by Sens. DeFRANCISCO, LARKIN -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Judiciary

AN ACT to amend the eminent domain procedure law, in relation to the use
  of eminent domain

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

  Section 1. Section 104 of the eminent domain procedure law is  amended
to read as follows:
  S  104.  Applicability.  The  eminent  domain  procedure  law shall be
uniformly applied to any and all acquisitions by eminent domain of  real
property  within  the  state of New York.   EMINENT DOMAIN SHALL ONLY BE
USED FOR PUBLIC PROJECTS INCLUDING  FOR  THE  PURPOSE  OF  ESTABLISHING,
LAYING OUT, EXTENDING AND WIDENING STREETS, AVENUES, BOULEVARDS, ALLEYS,
AND  OTHER  PUBLIC HIGHWAYS AND ROADS; FOR PUMPING STATIONS, WATERWORKS,
RESERVOIRS, WELLS, JAILS, POLICE AND FIRE STATIONS, CITY  HALLS,  OFFICE
AND  OTHER  PUBLIC BUILDINGS INCLUDING SCHOOLS, CEMETERIES, PARKS, PLAY-
GROUNDS AND PUBLIC SQUARES, PUBLIC  OFF-STREET  PARKING  FACILITIES  AND
ACCOMMODATIONS,  LAND  FROM  WHICH  TO OBTAIN EARTH, GRAVEL, STONES, AND
OTHER MATERIAL FOR THE CONSTRUCTION OF ROADS AND OTHER PUBLIC WORKS  AND
FOR  RIGHT-OF-WAY  FOR  DRAINS, SEWERS, PIPE LINES, AQUEDUCTS, AND OTHER
CONDUITS FOR DISTRIBUTING WATER TO THE PUBLIC; FOR  FLOOD  CONTROL;  FOR
HOUSING;  FOR USE BY THE GOVERNMENT OF THE UNITED STATES; FOR RAILROADS,
CANALS AND NAVIGABLE WATERWAYS, AIRPORTS AND OTHER PUBLIC TRANSPORTATION
FACILITIES AND SERVICES; FOR WATER  POWER,  PUBLIC  UTILITIES  OR  OTHER
PRODUCTION  AND  TRANSMISSION  OF  HEAT, LIGHT OR POWER; FOR RECREATION,
CONSERVATION,  OPEN  SPACE  AND  HISTORIC,  ENVIRONMENTAL  AND  CULTURAL
RESOURCE PROTECTION, AND SOLID WASTE MANAGEMENT; FOR RIVER REGULATION OR
MANAGEMENT;  FOR PUBLIC HOSPITALS AND HEALTH CARE FACILITIES; FOR RECLA-
MATION OF SWAMP LANDS AND TO TAKE SUCH EXCESS OVER THAT NEEDED FOR  SUCH
PUBLIC  USE  OR  PUBLIC  IMPROVEMENT IN CASES WHERE SMALL REMNANTS WOULD
OTHERWISE BE LEFT OR WHERE  OTHER  JUSTIFIABLE  CAUSE  NECESSITATES  THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03766-01-1

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