|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 08, 2014||referred to corporations, authorities and commissions|
|Jan 09, 2013||referred to corporations, authorities and commissions|
senate Bill S1423
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S1423 - Details
S1423 - Summary
Provides that in cities with a population of one million or more, the city council shall approve or disapprove a not-for-profit corporation's use of eminent domain by majority vote, after holding at least one official public hearing on such matter.
S1423 - Sponsor Memo
BILL NUMBER:S1423 TITLE OF BILL: An act to amend the public authorities law, in relation to eminent domain in cities with a population of one million or more PURPOSE: To amend the public authorities law authorizing the city council to approve or disapprove by a majority vote any public authorities or public benefit corporation's use of eminent domain. SUMMARY OF PROVISIONS: Adds new section 2901 to the public authorities law authorizing the city council in cities with a population of one million or more to approve or disapprove by a majority vote any public authorities or public benefit corporation's use of eminent domain. The city council is also required to hold at least one official public hearing on the proposed action prior to voting. JUSTIFICATION: Continued scrutiny of public authorities and discussion over the implications of Supreme Court precedent which have widened the use of eminent domain illustrate the need for greater local control over takings by public authorities. Public authorities have public missions but are isolated from traditional democratic pressure, and
S1423 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1423 2013-2014 Regular Sessions I N S E N A T E (PREFILED) January 9, 2013 ___________ Introduced by Sens. MONTGOMERY, HASSELL-THOMPSON, KRUEGER -- read twice and ordered printed, and when printed to be committed to the Committee on Corporations, Authorities and Commissions AN ACT to amend the public authorities law, in relation to eminent domain in cities with a population of one million or more THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The title heading of title 6 of article 9 of the public authorities law, as added by chapter 307 of the laws of 1964 and such title as renumbered by chapter 838 of the laws of 1983, is amended and a new section 2901 is added to read as follows: EMINENT DOMAIN TAKING; PROPERTY OF OR BY A PUBLIC BENEFIT CORPORATION S 2901. EMINENT DOMAIN; CERTAIN CITIES. IN CITIES WITH A POPULATION OF ONE MILLION OR MORE IN WHICH ANY PART OF THE REAL PROPERTY TO BE ACQUIRED IS LOCATED, THE CITY COUNCIL SHALL HAVE THE AUTHORITY TO APPROVE OR DISAPPROVE ANY PUBLIC AUTHORITIES OR PUBLIC BENEFIT CORPO- RATION'S USE OF EMINENT DOMAIN. THE CITY COUNCIL SHALL APPROVE OR DISAP- PROVE ANY PROPOSED USE OF THE POWER OF EMINENT DOMAIN BY MAJORITY VOTE. PRIOR TO SUCH VOTE, SUCH CITY COUNCIL SHALL HOLD AT LEAST ONE OFFICIAL PUBLIC HEARING ON SUCH MATTER AT A LOCATION REASONABLY PROXIMATE TO THE PROPERTY WHICH MAY BE ACQUIRED. S 2. This act shall take effect on the ninetieth day after it shall have become a law. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04016-01-3
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