senate Bill S6448A

2013-2014 Legislative Session

Authorizes the city of New York to acquire by eminent domain a certain parcel of real property in the borough of Brooklyn for a public project

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Committee


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

do you support this bill?

Actions

view actions (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 29, 2014 print number 6448a
amend (t) and recommit to judiciary
Jan 24, 2014 referred to judiciary

Bill Amendments

Original
A (Active)
Original
A (Active)

S6448 - Bill Details

See Assembly Version of this Bill:
A8575A
Current Committee:
Law Section:
Eminent Domain
Versions Introduced in 2013-2014 Legislative Session:
A8575A

S6448 - Bill Texts

view summary

Authorizes the city of New York to acquire by eminent domain a certain parcel of real property in the borough of Brooklyn for a public project.

view sponsor memo
BILL NUMBER:S6448

TITLE OF BILL: An act to amend the eminent domain procedure law, in
relation to an expedited process for certain buildings

PURPOSE:

Dispenses with the need for public hearings on the acquisition of
certain parcels of property through the eminent domain process.

SUMMARY OF SPECIFIC PROVISIONS:

*Section 201 of the eminent domain procedure law, as amended by chapter
356 of the laws of 1982, is amended.

*Subdivision (A) if section 204 of the eminent domain procedure law, as
amended by chapter 356 of the laws of 1982, is amended.

*Section 206 of the eminent domain procedure law is amended by adding a
new subdivision (F).

JUSTIFICATION:

This bill shall allow an expedited eminent domain process to proceed if
the property subject to eminent domain action has been built with
substantial public funds for the express purpose of serving the public
good. If a government entity has invested substantial taxpayer funding
to allow the construction of a property for the express purpose of
providing important social and community services to a community, the
government must have the right to acquire such property to preserve its
investment and to continue its use for public benefit. This legislation
seeks to protect the public's substantial financial interest in the
property and presumes that substantial government financial investment
in such property warrants government ownership especially when an indi-
vidual or corporation seek to exploit that investment for another use
for which it was never intended.

LEGISLATIVE HISTORY:

New legislation.

EFFECTIVE DATE:

Immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6448

                            I N  S E N A T E

                            January 24, 2014
                               ___________

Introduced  by  Sen.  DILAN  -- 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  an
  expedited process for certain buildings

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

  Section 1. Section 201 of the eminent domain procedure law, as amended
by chapter 356 of the laws of 1982, is amended to read as follows:
  S 201. Public hearings. Except as provided herein, prior  to  acquisi-
tion,  the  condemnor,  in  order to inform the public and to review the
public use to be served by a proposed public project and the  impact  on
the environment and residents of the locality where such project will be
constructed,  shall  conduct  a  public  hearing  in accordance with the
provisions of this article at a location  reasonably  proximate  to  the
property  which  may  be acquired for such project.  NO HEARING SHALL BE
REQUIRED FOR THE ACQUISITION OF A BUILDING  THAT  HAS  BEEN  BUILT  WITH
PUBLIC  FUNDS  OR  THAT  HAS  BEEN SOLELY OCCUPIED BY A PUBLIC ENTITY OR
PUBLIC BENEFIT ORGANIZATION FOR THE PAST TWENTY-FIVE YEARS.
  S 2. Subdivision (A) of section 204 of the  eminent  domain  procedure
law,  as  amended by chapter 356 of the laws of 1982, is amended to read
as follows:
  (A) The condemnor, within ninety days  after  the  conclusion  of  the
public  hearings  held  pursuant to this article, OR IMMEDIATELY FOR ANY
BUILDING BUILT OR OCCUPIED BY A PUBLIC ENTITY OR PUBLIC  BENEFIT  ORGAN-
IZATION AS STATED IN SECTION TWO HUNDRED ONE OF THIS ARTICLE, shall make
its  determination  and  findings concerning the proposed public project
and shall publish a brief synopsis of such determination and findings in
at least two successive issues of an official newspaper if there is  one
designated  in the locality where the project will be situated and in at
least two successive issues of a newspaper  of  general  circulation  in
such  locality.  If the official newspaper is one of general circulation
in such locality, publication  therein  as  specified  shall  be  deemed
sufficient  compliance.  The  synopsis  shall  include those factors set
forth in subdivision (B) herein, and shall also state that copies of the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13472-02-4

S. 6448                             2

determination and findings will be forwarded upon written request  with-
out cost.
  S  3.  Section  206  of the eminent domain procedure law is amended by
adding a new subdivision (F) to read as follows:
  (F) WHEN THE BUILDING SOUGHT TO BE ACQUIRED HAS BEEN BUILT WITH PUBLIC
FUNDS OR HAS BEEN SOLELY OCCUPIED BY A PUBLIC ENTITY OR  PUBLIC  BENEFIT
ORGANIZATION FOR THE PAST TWENTY-FIVE YEARS.
  S 4. This act shall take effect immediately.

S6448A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A8575A
Current Committee:
Law Section:
Eminent Domain
Versions Introduced in 2013-2014 Legislative Session:
A8575A

S6448A (ACTIVE) - Bill Texts

view summary

Authorizes the city of New York to acquire by eminent domain a certain parcel of real property in the borough of Brooklyn for a public project.

view sponsor memo
BILL NUMBER:S6448A

TITLE OF BILL: An act to authorize the city of New York to acquire,
by eminent domain, a certain parcel of real property in the borough of
Brooklyn

PURPOSE OR GENERAL IDEA OF BILL:

Permits the use of eminent domain for a certain parcel of real
property.

SUMMARY OF SPECIFIC PROVISIONS:

Amends the session laws to permit the seizure of a certain parcel of
real property.

JUSTIFICATION:

This bill shall allow the use of eminent domain seize a parcel of real
property which was built with substantial public funds for the express
purpose of serving the public good. Since a government entity invested
substantial taxpayer funding to pay for the construction on that
parcel of a property for the express purpose of providing important
social and community services to a community, the government most have
the right to acquire such property to preserve its investment and to
continue its use for the public benefit. This legislation seeks to
protect the public's substantial financial interest in the property
and presumes that substantial government financial investment in such
property warrants government ownership especially when an individual
or corporation seek to exploit that investment for another use for
which it was never intended.

PRIOR LEGISLATIVE HISTORY:

New for 2014

EFFECTIVE DATE:

Immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6448--A

                            I N  S E N A T E

                            January 24, 2014
                               ___________

Introduced  by  Sen.  DILAN  -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Judiciary  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT to authorize the city of New York to acquire, by eminent domain,
  a certain parcel of real property in the borough of Brooklyn

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

  Section  1.  Notwithstanding  the  provisions  of  article  two of the
eminent domain procedure law, the  city  of  New  York,  acting  by  and
through  its  legislative  body, is authorized, without consideration of
other sites for a public project and any other requirement of such arti-
cle, to acquire by eminent domain the real property in  the  borough  of
Brooklyn  at  211  Ainslie Street, otherwise known on the tax map of the
city of New York as block 2770, lot 1,  for  the  purpose  of  a  public
project.
  S 2. This act shall take effect immediately.






 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13472-04-4

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.