senate Bill S2898

2011-2012 Legislative Session

Relates to the taking of private property; 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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Actions

view actions (10)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 08, 2012 opinion referred to judiciary
Jan 09, 2012 to attorney-general for opinion
Jan 04, 2012 referred to judiciary
Jun 24, 2011 committed to rules
May 02, 2011 advanced to third reading
Apr 27, 2011 opinion referred to judiciary
Apr 13, 2011 2nd report cal.
Apr 12, 2011 1st report cal.355
Feb 07, 2011 to attorney-general for opinion
Feb 03, 2011 referred to judiciary

Votes

view votes

Apr 12, 2011 - Judiciary committee Vote

S2898
17
1
committee
17
Aye
1
Nay
4
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Judiciary committee vote details

Co-Sponsors

S2898 - Details

See Assembly Version of this Bill:
A9209
Law Section:
Constitution, Concurrent Resolutions to Amend
Laws Affected:
Rpld & add Art 1 ยง7, Constn
Versions Introduced in 2009-2010 Legislative Session:
S1504, A2985

S2898 - Summary

Provides that with just compensation paid, private property may be taken only when necessary for the possession, occupation, or enjoyment of land by the public at large or by public agencies.

S2898 - Sponsor Memo

S2898 - Bill Text download pdf

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

                                  2898

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 3, 2011
                               ___________

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

            CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY

proposing an amendment to section 7 of article 1 of the constitution, in
  relation to the taking of private property; and repealing section 7 of
  article 1 of the constitution relating to just compensation for taking
  private property

  Section  1. Resolved (if the Assembly concur), That section 7 of arti-
cle 1 of the constitution is REPEALED and a new section 7 of  article  1
is added to read as follows:
  S  7.  (A)  WITH JUST COMPENSATION PAID, PRIVATE PROPERTY MAY BE TAKEN
ONLY WHEN NECESSARY FOR THE POSSESSION,  OCCUPATION,  AND  ENJOYMENT  OF
LAND BY THE PUBLIC AT LARGE, OR BY PUBLIC AGENCIES.
  (B)  EXCEPT  FOR PRIVATELY OWNED COMMON CARRIERS AND PUBLIC UTILITIES,
PRIVATE PROPERTY SHALL NOT BE TAKEN FOR USE BY PRIVATE COMMERCIAL ENTER-
PRISE, FOR ECONOMIC DEVELOPMENT, OR FOR ANY OTHER  PRIVATE  USE,  EXCEPT
WITH  THE  CONSENT  OF  THE  OWNER. PROPERTY SHALL NOT BE TAKEN FROM ONE
OWNER AND TRANSFERRED TO ANOTHER, ON THE GROUNDS THAT  THE  PUBLIC  WILL
BENEFIT FROM A MORE PROFITABLE PRIVATE USE.
  (C)  WHENEVER  AN  ATTEMPT  IS MADE TO TAKE PRIVATE PROPERTY FOR A USE
ALLEGED TO BE PUBLIC, THE QUESTION WHETHER THE CONTEMPLATED USE BE REAL-
LY PUBLIC SHALL BE A JUDICIAL QUESTION, AND DETERMINED AS  SUCH  WITHOUT
REGARD TO ANY LEGISLATIVE ASSERTION THAT THE USE IS PUBLIC.
  S  2.  Resolved (if the Assembly concur), That the foregoing amendment
be referred to the first regular legislative session convening after the
next succeeding general election of members of  the  assembly,  and,  in
conformity  with  section  1  of  article  19  of  the  constitution, be
published for 3 months previous to the time of such election.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD89046-01-1

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