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Assembly Bill A2237

2013-2014 Legislative Session

Requires a condemnor to compensate home owners for loss in value due to a diminished viewshed

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Archive: Last Bill Status - In Assembly Committee

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2013-A2237 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Eminent Domain Procedure Law
Laws Affected:
Add ยง306, EDP L
Versions Introduced in Other Legislative Sessions:
2009-2010: A3598
2011-2012: A2790

2013-A2237 (ACTIVE) - Summary

Requires a condemnor to compensate home owners for loss in value due to a diminished viewshed.

2013-A2237 (ACTIVE) - Bill Text download pdf 

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

                                  2237

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by M. of A. CROUCH, HAWLEY, McDONOUGH, FINCH, DUPREY, THIELE
  -- read once and referred to the Committee on Judiciary

AN ACT to amend the eminent domain procedure law, in relation to requir-
  ing homeowners to be compensated for reduction in the value  of  their
  home due to a diminished viewshed

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

  Section 1. The eminent domain procedure law is amended by adding a new
section 306 to read as follows:
  S 306. OFFERS FOR DIMINISHED VIEWSHED. (A) WHENEVER A  PUBLIC  PROJECT
IS  ESTABLISHED  WITHIN ONE THOUSAND FEET OF A RESIDENTIAL DWELLING, THE
CONDEMNOR SHALL INVESTIGATE ANY POTENTIAL LOSS IN  VALUE  OF  SUCH  REAL
PROPERTY DUE TO A DIMINISHED VIEWSHED RESULTING FROM THE PUBLIC PROJECT.
IF  IT  IS DETERMINED THAT THERE IS A LOSS IN VALUE OF SUCH PROPERTY DUE
TO THE DIMINISHED VIEWSHED, THE CONDEMNOR SHALL COMPENSATE THE OWNER  OF
SUCH PROPERTY WITH THE FAIR MARKET VALUE OF THE LOSS.
  (B)  ALL  OFFERS  MADE  AND  NEGOTIATIONS  UNDERTAKEN PURSUANT TO THIS
SECTION SHALL BE SUBJECT TO THE SAME PROVISIONS AS  ALL  OTHER  ACQUISI-
TIONS  PURSUANT  TO  THIS  CHAPTER.  A PERSON WHOSE PROPERTY IS AFFECTED
UNDER THIS SECTION IS ENTITLED TO THE SAME  PROCEDURES  FOR  DETERMINING
JUST COMPENSATION UNDER ARTICLE FIVE OF THIS CHAPTER.
  S  2.  This  act  shall take effect immediately and shall apply to any
public project that has not been completed as of such effective date.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06354-01-3

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