|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 08, 2014||referred to judiciary|
|Jan 09, 2013||referred to judiciary|
senate Bill S1535
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S1535 - Details
- See Assembly Version of this Bill:
- Current Committee:
- Law Section:
- Eminent Domain Procedure Law
- Laws Affected:
- Amd §§103 & 204, add §204-a, EDP L; amd §§2, 3, 5 & 10, rpld & add §3 sub 12, UDC Act
- Versions Introduced in Previous Legislative Sessions:
2011-2012: S1545, S1763, A1765
2009-2010: S1127, S6791, A10811
S1535 - Sponsor Memo
BILL NUMBER:S1535 TITLE OF BILL: An act to amend the eminent domain procedure law and the New York state urban development corporation act, in relation to defining blight; and to repeal certain provisions of the New York state urban development corporation act relating thereto PURPOSE: A bill redefining the meaning of blight and creating objective standards and criteria for classifying a single property as well as multiple properties and project areas for purposes of the eminent domain procedure law. The bill also clarifies and modernizes the purposes of the Urban Development Corporation Act. PROVISIONS: Section one is the legislative intent. Section two amends Section 103 of the eminent domain procedure law (EDPL) by adding and defining the terms "blighted property,"
S1535 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1535 2013-2014 Regular Sessions I N S E N A T E (PREFILED) January 9, 2013 ___________ Introduced by Sens. PERKINS, ADAMS, HASSELL-THOMPSON, KRUEGER, MONTGOM- ERY, PARKER -- 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 and the New York state urban development corporation act, in relation to defining blight; and to repeal certain provisions of the New York state urban development corporation act relating thereto THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Legislative findings and intent. The legislature hereby finds and declares that eminent domain, while a meaningful tool for government to move forward on important projects, has come under a great deal of criticism in recent years for many alleged abuses that have occurred within the state of New York. Traditionally, the right of eminent domain, or the state's ability to seize private land was limited for "public use". However, over the years, phrases such as "public use" and "blighted" have taken on more expansive meanings. Since Kelo v. City of New London, the 2005 decision in which the U.S. Supreme Court approved the forcible transfer of property from one private owner to another in the name of "economic development", forty- three states have passed eminent domain reform legislation. New York has thus far failed to take such action but continues again and again to approve eminent domain condemnation for projects that benefit private entities at the public's expense. A 2009 report by the Institute for Justice entitled "Building Empires, Destroying Homes: Eminent Domain Abuse in New York" detailed widespread eminent domain abuse throughout the state. Furthermore, two recent court decisions, Goldstein v. New York State Urban Development Corporation and Kaur v. New York State Urban Develop- ment Corporation demonstrate the need to balance the rights of property EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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