senate Bill S962

2011-2012 Legislative Session

Extends powers of municipal corporations to acquire public utilities by the power 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 local government
Jan 05, 2011 referred to local government

S962 - Details

See Assembly Version of this Bill:
A689
Law Section:
General Municipal Law
Laws Affected:
Add §360-a, Gen Muni L
Versions Introduced in 2009-2010 Legislative Session:
S239, A339

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

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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