senate Bill S4685

2011-2012 Legislative Session

Requires the preparation of a comprehensive economic development plan for the use of eminent domain when the primary purpose is economic development

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 21, 2012 committed to rules
May 21, 2012 advanced to third reading
May 16, 2012 2nd report cal.
May 15, 2012 1st report cal.769
Jan 04, 2012 referred to commerce, economic development and small business
Apr 14, 2011 referred to commerce, economic development and small business

Votes

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May 15, 2012 - Commerce, Economic Development and Small Business committee Vote

S4685
11
1
committee
11
Aye
1
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Commerce, Economic Development and Small Business committee vote details

Commerce, Economic Development and Small Business Committee Vote: May 15, 2012

nay (1)

Co-Sponsors

S4685 - Details

See Assembly Version of this Bill:
A3366
Current Committee:
Law Section:
Public Authorities Law
Laws Affected:
Amd §§103, 204 & 207, add §204-a, EDP L; amd §1411, N-PC L; add §858-c, Gen Muni L; add §1831-b, Pub Auth L
Versions Introduced in 2009-2010 Legislative Session:
S1669, A1568

S4685 - Summary

Requires the preparation of a comprehensive economic development plan for the use of eminent domain when the primary purpose is economic development and certain residential premises are to be acquired; requires municipal approval of the exercise of eminent domain power in such cases; enacts the "eminent domain reform act".

S4685 - Sponsor Memo

S4685 - Bill Text download pdf

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

                                  4685

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 14, 2011
                               ___________

Introduced  by Sen. FLANAGAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Commerce, Economic  Devel-
  opment and Small Business

AN  ACT  to  amend the public authorities law, the not-for-profit corpo-
  ration law, the general municipal law and the eminent domain procedure
  law, in relation to eminent domain reform

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

  Section  1.  Short  title. This act shall be known and may be cited as
the "eminent domain reform act".
  S 2. The public authorities law is amended by  adding  a  new  section
1831-b to read as follows:
  S  1831-B. EXERCISE OF POWER OF EMINENT DOMAIN; LIMITATIONS. THE LOCAL
LEGISLATIVE BODY OF EACH CITY, TOWN, OR VILLAGE IN WHICH  THE  AUTHORITY
SEEKS  TO  EXERCISE THE POWER OF EMINENT DOMAIN SHALL HAVE THE AUTHORITY
TO APPROVE OR DISAPPROVE ANY EXERCISE OF SUCH POWER  BY  THE  AUTHORITY.
EVERY  SUCH LOCAL LEGISLATIVE BODY SHALL APPROVE OR DISAPPROVE ANY EXER-
CISE OF SUCH POWER BY MAJORITY VOTE. WHERE APPLICABLE IN  THE  ENACTMENT
OF  LOCAL  LAWS,  THE  CHIEF  EXECUTIVE  OFFICER OF SUCH LOCALITY IF THE
OFFICE OF SUCH CHIEF EXECUTIVE OFFICER  IS  ELECTIVE  SHALL  APPROVE  OR
DISAPPROVE SUCH LOCAL LEGISLATIVE BODY'S DECISION, SUBJECT TO ANY APPLI-
CABLE RIGHT TO OVERRIDE.
  S  3.  Paragraph (i) of section 1411 of the not-for-profit corporation
law is relettered paragraph (j) and a new paragraph (i) is added to read
as follows:
  (I) MUNICIPAL INPUT.  THE LOCAL LEGISLATIVE BODY OF EACH  CITY,  TOWN,
OR  VILLAGE  IN  WHICH  ANY  PART OF THE REAL PROPERTY TO BE ACQUIRED IS
LOCATED SHALL HAVE THE AUTHORITY TO APPROVE  OR  DISAPPROVE  ANY  CORPO-
RATION'S  USE  OF EMINENT DOMAIN. EACH SUCH LOCAL LEGISLATIVE BODY SHALL
APPROVE OR DISAPPROVE ANY PROPOSED CORPORATE USE OF THE POWER OF EMINENT
DOMAIN BY MAJORITY VOTE. WHERE APPLICABLE  IN  THE  ENACTMENT  OF  LOCAL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07507-01-1

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