S T A T E O F N E W Y O R K
________________________________________________________________________
6448
I N S E N A T E
January 24, 2014
___________
Introduced by Sen. DILAN -- read twice and ordered printed, and when
printed to be committed to the Committee on Judiciary
AN ACT to amend the eminent domain procedure law, in relation to an
expedited process for certain buildings
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 201 of the eminent domain procedure law, as amended
by chapter 356 of the laws of 1982, is amended to read as follows:
S 201. Public hearings. Except as provided herein, prior to acquisi-
tion, the condemnor, in order to inform the public and to review the
public use to be served by a proposed public project and the impact on
the environment and residents of the locality where such project will be
constructed, shall conduct a public hearing in accordance with the
provisions of this article at a location reasonably proximate to the
property which may be acquired for such project. NO HEARING SHALL BE
REQUIRED FOR THE ACQUISITION OF A BUILDING THAT HAS BEEN BUILT WITH
PUBLIC FUNDS OR THAT HAS BEEN SOLELY OCCUPIED BY A PUBLIC ENTITY OR
PUBLIC BENEFIT ORGANIZATION FOR THE PAST TWENTY-FIVE YEARS.
S 2. Subdivision (A) of section 204 of the eminent domain procedure
law, as amended by chapter 356 of the laws of 1982, is amended to read
as follows:
(A) The condemnor, within ninety days after the conclusion of the
public hearings held pursuant to this article, OR IMMEDIATELY FOR ANY
BUILDING BUILT OR OCCUPIED BY A PUBLIC ENTITY OR PUBLIC BENEFIT ORGAN-
IZATION AS STATED IN SECTION TWO HUNDRED ONE OF THIS ARTICLE, shall make
its determination and findings concerning the proposed public project
and shall publish a brief synopsis of such determination and findings in
at least two successive issues of an official newspaper if there is one
designated in the locality where the project will be situated and in at
least two successive issues of a newspaper of general circulation in
such locality. If the official newspaper is one of general circulation
in such locality, publication therein as specified shall be deemed
sufficient compliance. The synopsis shall include those factors set
forth in subdivision (B) herein, and shall also state that copies of the
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13472-02-4
S. 6448 2
determination and findings will be forwarded upon written request with-
out cost.
S 3. Section 206 of the eminent domain procedure law is amended by
adding a new subdivision (F) to read as follows:
(F) WHEN THE BUILDING SOUGHT TO BE ACQUIRED HAS BEEN BUILT WITH PUBLIC
FUNDS OR HAS BEEN SOLELY OCCUPIED BY A PUBLIC ENTITY OR PUBLIC BENEFIT
ORGANIZATION FOR THE PAST TWENTY-FIVE YEARS.
S 4. This act shall take effect immediately.