|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 04, 2012||referred to local government|
|Jan 05, 2011||referred to local government|
senate Bill S962
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S962 - Details
S962 - Summary
Extends the powers of municipal corporations to establish, own and operate public utility services by the power of eminent domain; provides that municipal corporations need not make a final decision on the acquisition of assets until the value of such assets has been determined.
S962 - Sponsor Memo
BILL NUMBER: S962 TITLE OF BILL : An act to amend the general municipal law, in relation to the acquisition of property by eminent domain PURPOSE : To promote competition in the electric power industry by reducing the risk to the acquisition of private utility property by a municipal power agency. SUMMARY OF PROVISIONS : Adds a new §360-a to the General Municipal Law. JUSTIFICATION : All levels of government are now making efforts to promote competition in the once monopolistic world of the electric power industry. Once source of possible completion on the retail level are municipal power agencies. Municipal power has been a cost effective option in many parts of New York State. However, current law relating to the eminent domain procedure law has had a chilling impact on municipal power. Specifically, a municipal power agency must first take title to any private utility property it may condemn, without knowing its value. Given the great uncertainty in
S962 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ S. 962 A. 689 2011-2012 Regular Sessions S E N A T E - A S S E M B L Y (PREFILED) January 5, 2011 ___________ IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print- ed, and when printed to be committed to the Committee on Local Govern- ment IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once and referred to the Committee on Local Governments AN ACT to amend the general municipal law, in relation to the acquisi- tion of property by eminent domain THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The general municipal law is amended by adding a new section 360-a to read as follows: S 360-A. ACQUISITION OF PROPERTY BY EMINENT DOMAIN. 1. NOTWITHSTAND- ING THE PROVISIONS OF THE EMINENT DOMAIN PROCEDURE LAW, THE PROVISIONS OF THIS SECTION SHALL APPLY TO THE ACQUISITION OF PROPERTY FOR THE PURPOSES ENUMERATED IN SECTION THREE HUNDRED SIXTY OF THIS ARTICLE BY THE POWER OF EMINENT DOMAIN, PROVIDED, HOWEVER, TO THE EXTENT THAT PROVISIONS HEREIN DO NOT SUPERSEDE OR CONFLICT WITH THE PROVISIONS OF THE EMINENT DOMAIN PROCEDURE LAW, THE PROVISIONS OF SUCH LAW SHALL APPLY. 2. WHEN ANY REAL PROPERTY IS SOUGHT TO BE ACQUIRED BY THE EXERCISE OF THE POWER OF EMINENT DOMAIN, AND AFTER THE MUNICIPAL CORPORATION SHALL HAVE ENTERED INTO NEGOTIATIONS FOR THE PURCHASE OF SUCH PROPERTY, THE MUNICIPAL CORPORATION SHALL CAUSE A SURVEY AND MAP TO BE MADE THEREOF AND SHALL CAUSE SUCH SURVEY AND MAP TO BE FILED IN ITS OFFICE AND IN THE OFFICE OF THE COUNTY CLERK IN THE COUNTY IN WHICH SUCH PROPERTY IS LOCATED. THERE SHALL BE ANNEXED TO SUCH SURVEY AND MAP A CERTIFICATE EXECUTED BY THE CHIEF EXECUTIVE OFFICER OF THE MUNICIPAL CORPORATION OR BY SUCH OTHER OFFICER OR EMPLOYEE AS MAY BE DESIGNATED BY THE GOVERNING EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03730-01-1
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