Assembly Bill A9208

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

                                  9208

                          I N  A S S E M B L Y

                            February 3, 2012
                               ___________

Introduced  by  M.  of  A. ROBERTS, HIKIND, REILLY, ROBINSON, MONTESANO,
  JAFFEE, RAIA, COOK, CROUCH, FINCH -- Multi-Sponsored by --  M.  of  A.
  BOYLAND,  CALHOUN,  COLTON,  GIBSON,  GLICK, JACOBS, J. MILLER -- read
  once and referred to the Committee on Judiciary

AN ACT to amend the eminent domain procedure law, in relation to the use
  of eminent domain

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

  Section  1. Section 104 of the eminent domain procedure law is amended
to read as follows:
  S 104. Applicability.  The  eminent  domain  procedure  law  shall  be
uniformly  applied to any and all acquisitions by eminent domain of real
property within the state of New York.   EMINENT DOMAIN  SHALL  ONLY  BE
USED  FOR  PUBLIC  PROJECTS  INCLUDING  FOR THE PURPOSE OF ESTABLISHING,
LAYING OUT, EXTENDING AND WIDENING STREETS, AVENUES, BOULEVARDS, ALLEYS,
AND OTHER PUBLIC HIGHWAYS AND ROADS; FOR PUMPING  STATIONS,  WATERWORKS,
RESERVOIRS,  WELLS,  JAILS, POLICE AND FIRE STATIONS, CITY HALLS, OFFICE
AND OTHER PUBLIC BUILDINGS INCLUDING SCHOOLS, CEMETERIES,  PARKS,  PLAY-
GROUNDS  AND  PUBLIC  SQUARES,  PUBLIC OFF-STREET PARKING FACILITIES AND
ACCOMMODATIONS, LAND FROM WHICH TO OBTAIN  EARTH,  GRAVEL,  STONES,  AND
OTHER  MATERIAL FOR THE CONSTRUCTION OF ROADS AND OTHER PUBLIC WORKS AND
FOR RIGHT-OF-WAY FOR DRAINS, SEWERS, PIPE LINES,  AQUEDUCTS,  AND  OTHER
CONDUITS  FOR  DISTRIBUTING  WATER TO THE PUBLIC; FOR FLOOD CONTROL; FOR
HOUSING; FOR USE BY THE GOVERNMENT OF THE UNITED STATES; FOR  RAILROADS,
CANALS AND NAVIGABLE WATERWAYS, AIRPORTS AND OTHER PUBLIC TRANSPORTATION
FACILITIES  AND  SERVICES;  FOR  WATER  POWER, PUBLIC UTILITIES OR OTHER
PRODUCTION AND TRANSMISSION OF HEAT, LIGHT  OR  POWER;  FOR  RECREATION,
CONSERVATION,  OPEN  SPACE  AND  HISTORIC,  ENVIRONMENTAL  AND  CULTURAL
RESOURCE PROTECTION, AND SOLID WASTE MANAGEMENT; FOR RIVER REGULATION OR
MANAGEMENT; FOR PUBLIC HOSPITALS AND HEALTH CARE FACILITIES; FOR  RECLA-
MATION  OF SWAMP LANDS AND TO TAKE SUCH EXCESS OVER THAT NEEDED FOR SUCH
PUBLIC USE OR PUBLIC IMPROVEMENT IN CASES  WHERE  SMALL  REMNANTS  WOULD
OTHERWISE  BE  LEFT  OR  WHERE  OTHER JUSTIFIABLE CAUSE NECESSITATES THE
TAKING TO PROTECT AND PRESERVE THE CONTEMPLATED  IMPROVEMENT  OR  PUBLIC

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

                                                           LBD03766-01-1

A. 9208                             2

POLICY  DEMANDS,  THE  TAKING IN CONNECTION WITH THE IMPROVEMENT, AND TO
SELL OR LEASE THE EXCESS PROPERTY  WITH  SUCH  RESTRICTIONS  AS  MAY  BE
DICTATED  BY  CONSIDERATIONS  OF  PUBLIC  POLICY IN ORDER TO PROTECT AND
PRESERVE  THE  IMPROVEMENT;  PROVIDED  THAT  WHEN THE EXCESS PROPERTY IS
DISPOSED OF IT SHALL BE FIRST OFFERED  TO  THE  ABUTTING  OWNERS  FOR  A
REASONABLE  LENGTH  OF TIME AND AT A REASONABLE PRICE AND IF SUCH OWNERS
FAIL TO TAKE THE EXCESS PROPERTY THEN IT MAY BE SOLD AT PUBLIC AUCTION.
  S 2. The eminent domain procedure law  is  amended  by  adding  a  new
section 204-a to read as follows:
  S  204-A.  VOTE  BY LOCAL GOVERNMENT. AFTER ANY INDUSTRIAL DEVELOPMENT
AGENCY APPROVES THE USE OF EMINENT DOMAIN, THE  GOVERNING  BODY  OF  THE
MUNICIPALITY:  (A)  FOR  WHOSE  BENEFIT  THE AGENCY WAS CREATED, AND (B)
WHERE THE PROPERTY PROPOSED TO BE CONDEMNED IS LOCATED,  SHALL  VOTE  TO
DETERMINE  WHETHER  OR NOT TO CONDEMN THE PROPERTY. FOR PURPOSES OF THIS
SECTION, THE TERMS "MUNICIPALITY" SHALL MEAN ANY COUNTY, TOWN,  CITY  OR
VILLAGE IN THE STATE; AND "GOVERNING BOARD" SHALL MEAN THE BODY IN WHICH
THE GENERAL LEGISLATIVE POWERS OF THE MUNICIPALITY ARE VESTED, INCLUDING
THE  BOARD  OF  SUPERVISORS  OF  A COUNTY, THE TOWN BOARD OF A TOWN, THE
COMMON COUNCIL OF A CITY, THE CITY COUNCIL, IF THE PROPERTY  IS  LOCATED
IN  A  COUNTY  WHOLLY  CONTAINED  WITHIN A CITY WITH A POPULATION OF ONE
MILLION OR MORE, AND THE BOARD OF TRUSTEES OF A VILLAGE.
  S 3. Subdivision (A) of section 702 of the  eminent  domain  procedure
law is amended to read as follows:
  (A)  The  condemnor  shall  reimburse a condemnee an amount separately
computed and stated, representing the following incidental expenses:
  (1) any recording fees, transfer taxes and other similar  expenses  in
connection  with  the acquisition of the property by the condemnor or in
connection with the transfer of the property to the condemnor; [and]
  (2) any penalty incurred by the condemnee for prepayment of any preex-
isting recorded mortgage entered into in good  faith,  encumbering  such
property; [and]
  (3)  the  pro  rata  portion  of the real property taxes, water rents,
sewer rents, special ad valorem taxes and other charges paid or  payable
to  a  taxing  entity  which are allocable to a period subsequent to the
date of vesting title or the effective date of possession of such  prop-
erty in the condemnor, whichever is earlier[.]; AND
  (4)  ANY  RELOCATION COSTS INCURRED IN CONNECTION WITH THE ACQUISITION
OF THE PROPERTY BY THE CONDEMNOR OR IN CONNECTION WITH THE  TRANSFER  OF
THE PROPERTY TO THE CONDEMNOR.
  S  4.  This  act  shall take effect immediately and shall apply to any
eminent domain procedures commenced on or after such date.