|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 04, 2012||referred to judiciary|
|Feb 02, 2011||referred to judiciary|
senate Bill S2862
Archive: Last Bill Status -
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S2862 - Details
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
BILL NUMBER:S2862 TITLE OF BILL: An act to amend the eminent domain procedure law, in relation to the use of eminent domain PURPOSE: To prevent eminent domain abuse and ensure that eminent domain is only used for true public projects. SUMMARY OF PROVISIONS: Section 1 -- Amends section 104 of the Eminent Domain Procedure Law to state that eminent domain may only be used for traditional public projects. This section also outlines what constitutes a traditional public project. Section 2 -- Adds a section 204-a to the Eminent Domain Procedure Law to require that any eminent domain takings by non-elected industrial development agency (IDA) board must be approved by the elected governing body of the municipality for whose benefit the agency was created and where the property proposed to be condemned is located.
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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