assembly Bill A3924

2015-2016 Legislative Session

Creates the real property regulatory impacts act

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


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

Your Voice

do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

view actions (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 17, 2016 held for consideration in judiciary
Jan 06, 2016 referred to judiciary
Jan 28, 2015 referred to judiciary

A3924 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Real Property Law
Laws Affected:
Add Art 12-D ยงยง447-a - 447-g, RP L
Versions Introduced in Other Legislative Sessions:
2009-2010: A2860
2011-2012: A2635
2013-2014: A3216
2017-2018: A7340
2019-2020: A6119

A3924 (ACTIVE) - Summary

Creates the real property regulatory impacts act; provides that the owner of any real property may bring an action against the state whenever the application of any state statute, rule or regulation to such property causes a diminution in value of fifty percent or more.

A3924 (ACTIVE) - Bill Text download pdf

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

                                  3924

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2015
                               ___________

Introduced  by  M.  of  A.  FITZPATRICK -- read once and referred to the
  Committee on Judiciary

AN ACT to amend the real property law, in relation to the real  property
  regulatory impacts act

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

  Section 1. The real property law is amended by adding  a  new  article
12-D to read as follows:

                              ARTICLE 12-D
                  REAL PROPERTY REGULATORY IMPACTS ACT

SECTION 447-A. SHORT TITLE.
        447-B. DEFINITIONS.
        447-C. ATTORNEY GENERAL RULE REVIEW.
        447-D. DIMINUTION IN VALUE.
        447-E. INVALIDATION.
        447-F. STATUTE OF LIMITATIONS.
        447-G. CONSTITUTIONAL OR STATUTORY RIGHTS NOT RESTRICTED.
  S  447-A. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
THE "REAL PROPERTY REGULATORY IMPACTS ACT".
  S 447-B. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE, THE  FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  1.  "DIMINUTION  IN  VALUE  OF  FIFTY  PERCENT  OR MORE" MEANS A FIFTY
PERCENT REDUCTION IN THE FAIR MARKET VALUE OF THE REAL PROPERTY  SUBJECT
TO  ANY  STATE  STATUTE,  REGULATION  OR  RULE,  OR TO THE DENIAL OF ANY
PERMIT, LICENSE OR AUTHORIZATION BY THE STATE.
  2. "INVERSE CONDEMNATION" MEANS A SUIT AGAINST THE  STATE  TO  RECOVER
MONEY  DAMAGES  EQUAL  TO THE DIMINUTION IN THE FAIR MARKET VALUE OF THE
PROPERTY.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05790-01-5

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.