Assembly Bill A1765

2011-2012 Legislative Session

Defines blighted properties and areas; repealer

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2011-A1765 (ACTIVE) - Details

See Senate Version of this Bill:
S1545
Current Committee:
Assembly Judiciary
Law Section:
Eminent Domain Procedure Law
Laws Affected:
Amd §§103 & 204, add §204-a, EDP L; amd §§2, 3, 5 & 10, rpld & add §3 sub 12, UDC Act
Versions Introduced in Other Legislative Sessions:
2009-2010: A10811, S6791
2013-2014: A548, S1535
2015-2016: S3868
2017-2018: S5001
2019-2020: S2557
2021-2022: S3383
2023-2024: S1941

2011-A1765 (ACTIVE) - Summary

Defines blighted properties and areas.

2011-A1765 (ACTIVE) - Bill Text download pdf

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

                                  1765

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 11, 2011
                               ___________

Introduced  by  M. of A. PAULIN, MURRAY -- read once and referred to the
  Committee on Judiciary

AN ACT to amend the eminent domain procedure law and the New York  state
  urban development corporation act, in relation to defining blight; and
  to  repeal  certain provisions of the New York state urban development
  corporation act relating thereto

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

  Section  1.  Legislative  findings  and intent. The legislature hereby
finds and declares that eminent domain,  while  a  meaningful  tool  for
government to move forward on important projects, has come under a great
deal  of  criticism  in  recent  years for many alleged abuses that have
occurred within the state of  New  York.  Traditionally,  the  right  of
eminent domain, or the state's ability to seize private land was limited
for  "public use". However, over the years, phrases such as "public use"
and "blighted" have taken on more expansive meanings.
  Since Kelo v. City of New London, the 2005 decision in which the  U.S.
Supreme  Court  approved  the  forcible  transfer  of  property from one
private owner to another in the name of "economic  development",  forty-
three states have passed eminent domain reform legislation. New York has
thus  far  failed  to  take such action but continues again and again to
approve eminent domain condemnation for projects  that  benefit  private
entities  at  the  public's  expense. A 2009 report by the Institute for
Justice entitled "Building Empires, Destroying Homes:    Eminent  Domain
Abuse  in  New York" detailed widespread eminent domain abuse throughout
the state.
  Furthermore, two recent court decisions, Goldstein v. New  York  State
Urban  Development Corporation and Kaur v. New York State Urban Develop-
ment Corporation demonstrate the need to balance the rights of  property
owners without stifling positive economic development programs. Instead,
New  Yorkers  suffer  under an inequitable system of eminent domain laws

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00885-01-1
              

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