senate Bill S1045

2013-2014 Legislative Session

Relates to the taking of private property; repealer

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate 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 (6)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 19, 2014 opinion referred to judiciary
Jan 13, 2014 to attorney-general for opinion
Jan 08, 2014 referred to judiciary
Feb 06, 2013 opinion referred to judiciary
Jan 11, 2013 to attorney-general for opinion
Jan 09, 2013 referred to judiciary

S1045 - Details

Law Section:
Constitution, Concurrent Resolutions to Amend
Laws Affected:
Rpld & add Art 1 ยง7, Constn
Versions Introduced in Previous Legislative Sessions:
2011-2012: S2898
2009-2010: S1504

S1045 - 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.

S1045 - Sponsor Memo

S1045 - Bill Text download pdf

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

                                  1045

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  DeFRANCISCO -- read twice and ordered printed, and
  when printed to be committed 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 Assembly concur), That section 7 of  arti-
cle  1  of the constitution is REPEALED and a new section 7 of article 1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 Assembly 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.
                                                           LBD89053-01-3

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