assembly Bill A3216

2013-2014 Legislative Session

Creates the real property regulatory impacts act

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 28, 2014 held for consideration in judiciary
Jan 08, 2014 referred to judiciary
Jan 24, 2013 referred to judiciary

Multi-Sponsors

A3216 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Real Property Law
Laws Affected:
Add Art 12-D ยงยง447-a - 447-g, RP L
Versions Introduced in Other Legislative Sessions:
2009-2010: A2860
2011-2012: A2635
2015-2016: A3924
2017-2018: A7340
2019-2020: A6119
2021-2022: A5664
2023-2024: A4886

A3216 (ACTIVE) - Summary

Creates the real property regulatory impacts act; provides that the owner of any real property may bring an action against the state whenever the application of any state statute, rule or regulation to such property causes a diminution in value of fifty percent or more.

A3216 (ACTIVE) - Bill Text download pdf

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

                                  3216

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 24, 2013
                               ___________

Introduced  by  M.  of  A. FITZPATRICK -- Multi-Sponsored by -- M. of A.
  TENNEY -- read once and referred to the Committee on Judiciary

AN ACT to amend the real property law, in relation to the real  property
  regulatory impacts act

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

  Section 1. The real property law is amended by adding  a  new  article
12-D to read as follows:

                              ARTICLE 12-D
                  REAL PROPERTY REGULATORY IMPACTS ACT

SECTION 447-A. SHORT TITLE.
        447-B. DEFINITIONS.
        447-C. ATTORNEY GENERAL RULE REVIEW.
        447-D. DIMINUTION IN VALUE.
        447-E. INVALIDATION.
        447-F. STATUTE OF LIMITATIONS.
        447-G. CONSTITUTIONAL OR STATUTORY RIGHTS NOT RESTRICTED.
  S  447-A. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
THE "REAL PROPERTY REGULATORY IMPACTS ACT".
  S 447-B. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE, THE  FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  1.  "DIMINUTION  IN  VALUE  OF  FIFTY  PERCENT  OR MORE" MEANS A FIFTY
PERCENT REDUCTION IN THE FAIR MARKET VALUE OF THE REAL PROPERTY  SUBJECT
TO  ANY  STATE  STATUTE,  REGULATION  OR  RULE,  OR TO THE DENIAL OF ANY
PERMIT, LICENSE OR AUTHORIZATION BY THE STATE.
  2. "INVERSE CONDEMNATION" MEANS A SUIT AGAINST THE  STATE  TO  RECOVER
MONEY  DAMAGES  EQUAL  TO THE DIMINUTION IN THE FAIR MARKET VALUE OF THE
PROPERTY.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06070-01-3