senate Bill S564

2013-2014 Legislative Session

Relates to the use of eminent domain

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

Co-Sponsors

S564 - Details

Law Section:
Eminent Domain Procedure Law
Laws Affected:
Amd §§104 & 702, add §204-a, EDP L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S2862, S2962
2009-2010: S1653, S4342A

S564 - Summary

Establishes eminent domain shall only be used for public projects; establishes after any industrial development agency approves the use of eminent domain, the county legislature or the New York city council shall vote to determine whether or not to condemn such property; establishes a condemnor shall reimburse a condemnee any relocation costs.

S564 - Sponsor Memo

S564 - Bill Text download pdf

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

                                   564

                       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

AN ACT to amend the eminent domain procedure law, in relation to the use
  of eminent domain

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

  Section  1. Section 104 of the eminent domain procedure law is amended
to read as follows:
  S 104. Applicability.  The  eminent  domain  procedure  law  shall  be
uniformly  applied to any and all acquisitions by eminent domain of real
property within the state of New York.   EMINENT DOMAIN  SHALL  ONLY  BE
USED  FOR  PUBLIC  PROJECTS  INCLUDING  FOR THE PURPOSE OF ESTABLISHING,
LAYING OUT, EXTENDING AND WIDENING STREETS, AVENUES, BOULEVARDS, ALLEYS,
AND OTHER PUBLIC HIGHWAYS AND ROADS; FOR PUMPING  STATIONS,  WATERWORKS,
RESERVOIRS,  WELLS,  JAILS, POLICE AND FIRE STATIONS, CITY HALLS, OFFICE
AND OTHER PUBLIC BUILDINGS INCLUDING SCHOOLS, CEMETERIES,  PARKS,  PLAY-
GROUNDS  AND  PUBLIC  SQUARES,  PUBLIC OFF-STREET PARKING FACILITIES AND
ACCOMMODATIONS, LAND FROM WHICH TO OBTAIN  EARTH,  GRAVEL,  STONES,  AND
OTHER  MATERIAL FOR THE CONSTRUCTION OF ROADS AND OTHER PUBLIC WORKS AND
FOR RIGHT-OF-WAY FOR DRAINS, SEWERS, PIPE LINES,  AQUEDUCTS,  AND  OTHER
CONDUITS  FOR  DISTRIBUTING  WATER TO THE PUBLIC; FOR FLOOD CONTROL; FOR
HOUSING; FOR USE BY THE GOVERNMENT OF THE UNITED STATES; FOR  RAILROADS,
CANALS AND NAVIGABLE WATERWAYS, AIRPORTS AND OTHER PUBLIC TRANSPORTATION
FACILITIES  AND  SERVICES;  FOR  WATER  POWER, PUBLIC UTILITIES OR OTHER
PRODUCTION AND TRANSMISSION OF HEAT, LIGHT  OR  POWER;  FOR  RECREATION,
CONSERVATION,  OPEN  SPACE  AND  HISTORIC,  ENVIRONMENTAL  AND  CULTURAL
RESOURCE PROTECTION, AND SOLID WASTE MANAGEMENT; FOR RIVER REGULATION OR
MANAGEMENT; FOR PUBLIC HOSPITALS AND HEALTH CARE FACILITIES; FOR  RECLA-
MATION  OF SWAMP LANDS AND TO TAKE SUCH EXCESS OVER THAT NEEDED FOR SUCH
PUBLIC USE OR PUBLIC IMPROVEMENT IN CASES  WHERE  SMALL  REMNANTS  WOULD

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

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