senate Bill S1535

2013-2014 Legislative Session

Defines blighted properties and areas; repealer

download bill text pdf

Sponsored By

Archive: Last Bill Status -

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

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view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to judiciary
Jan 09, 2013 referred to judiciary


S1535 - Details

See Assembly Version of this Bill:
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 - Summary

Defines blighted properties and areas.

S1535 - Sponsor Memo

S1535 - Bill Text download pdf

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


                       2013-2014 Regular Sessions

                            I N  S E N A T E


                             January 9, 2013

  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


  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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