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Assembly Bill A9209

2011-2012 Legislative Session

Relates to the taking of private property; repealer

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Archive: Last Bill Status - In Assembly Committee

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2011-A9209 (ACTIVE) - Details

See Senate Version of this Bill:
S2898
Current Committee:
Assembly Judiciary
Law Section:
Constitution, Concurrent Resolutions to Amend
Laws Affected:
Rpld & add Art 1 ยง7, Constn
Versions Introduced in Other Legislative Sessions:
2009-2010: A2985, S1504
2013-2014: S1045

2011-A9209 (ACTIVE) - Summary

Provides that with just compensation paid, private property may be taken only when necessary for the possession, occupation, or enjoyment of land by the public at large or by public agencies.

2011-A9209 (ACTIVE) - Bill Text download pdf 

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

                                  9209

                          I N  A S S E M B L Y

                            February 3, 2012
                               ___________

Introduced  by  M. of A. ROBERTS, COOK, WRIGHT, ROBINSON, PERRY, HIKIND,
  REILLY, JOHNS, RAIA, CROUCH, GRAF, MONTESANO -- Multi-Sponsored by  --
  M. of A. BOYLAND, MARKEY -- read once and referred to the Committee on
  Judiciary

            CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY

proposing an amendment to section 7 of article 1 of the constitution, in
  relation to the taking of private property; and repealing section 7 of
  article 1 of the constitution relating to just compensation for taking
  private property

  Section  1. Resolved (if the Senate concur), That section 7 of article
1 of the constitution is REPEALED and a new section 7 of  article  1  is
added to read as follows:
  S  7.  (A)  WITH JUST COMPENSATION PAID, PRIVATE PROPERTY MAY BE TAKEN
ONLY WHEN NECESSARY FOR THE POSSESSION,  OCCUPATION,  AND  ENJOYMENT  OF
LAND BY THE PUBLIC AT LARGE, OR BY PUBLIC AGENCIES.
  (B)  EXCEPT  FOR PRIVATELY OWNED COMMON CARRIERS AND PUBLIC UTILITIES,
PRIVATE PROPERTY SHALL NOT BE TAKEN FOR USE BY PRIVATE COMMERCIAL ENTER-
PRISE, FOR ECONOMIC DEVELOPMENT, OR FOR ANY OTHER  PRIVATE  USE,  EXCEPT
WITH  THE  CONSENT  OF  THE  OWNER. PROPERTY SHALL NOT BE TAKEN FROM ONE
OWNER AND TRANSFERRED TO ANOTHER, ON THE GROUNDS THAT  THE  PUBLIC  WILL
BENEFIT FROM A MORE PROFITABLE PRIVATE USE.
  (C)  WHENEVER  AN  ATTEMPT  IS MADE TO TAKE PRIVATE PROPERTY FOR A USE
ALLEGED TO BE PUBLIC, THE QUESTION WHETHER THE CONTEMPLATED USE BE REAL-
LY PUBLIC SHALL BE A JUDICIAL QUESTION, AND DETERMINED AS  SUCH  WITHOUT
REGARD TO ANY LEGISLATIVE ASSERTION THAT THE USE IS PUBLIC.
  S  2. Resolved (if the Senate concur), That the foregoing amendment be
referred to the first regular legislative session  convening  after  the
next  succeeding  general  election  of members of the assembly, and, in
conformity with  section  1  of  article  19  of  the  constitution,  be
published for 3 months previous to the time of such election.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD89046-01-1

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