Assembly Bill A5838

2017-2018 Legislative Session

Relates to eminent domain in N.Y. city

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2017-A5838 (ACTIVE) - Details

See Senate Version of this Bill:
S4478
Current Committee:
Assembly Judiciary
Law Section:
Public Authorities Law
Laws Affected:
Amd Art 9 Title 6 Head, add §2901, Pub Auth L
Versions Introduced in Other Legislative Sessions:
2009-2010: S4155
2011-2012: S2332
2013-2014: S1423
2015-2016: S1261
2019-2020: S723
2021-2022: S3592
2023-2024: S1306

2017-A5838 (ACTIVE) - Summary

Provides that in cities with a population of one million or more, the city council shall approve or disapprove a not-for-profit corporation's use of eminent domain by majority vote, after holding at least one official public hearing on such matter.

2017-A5838 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5838
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 16, 2017
                                ___________
 
 Introduced  by M. of A. CARROLL -- read once and referred to the Commit-
   tee on Judiciary
 
 AN ACT to amend the public authorities law, in relation  to  authorizing
   the New York city council to approve or disapprove by a majority vote,
   any  public authority's or public benefit corporation's use of eminent
   domain

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  title  heading of title 6 of article 9 of the public
 authorities law, as added by chapter 307 of the laws of  1964  and  such
 title as renumbered by chapter 838 of the laws of 1983, is amended and a
 new section 2901 is added to read as follows:
              EMINENT DOMAIN TAKING; PROPERTY OF OR BY A PUBLIC
                            BENEFIT CORPORATION
   § 2901. EMINENT DOMAIN; CERTAIN CITIES. IN CITIES WITH A POPULATION OF
 ONE  MILLION  OR  MORE  IN  WHICH  ANY  PART  OF THE REAL PROPERTY TO BE
 ACQUIRED IS LOCATED, THE  CITY  COUNCIL  SHALL  HAVE  THE  AUTHORITY  TO
 APPROVE  OR  DISAPPROVE  ANY PUBLIC AUTHORITY'S OR PUBLIC BENEFIT CORPO-
 RATION'S USE OF EMINENT DOMAIN. THE CITY COUNCIL SHALL APPROVE OR DISAP-
 PROVE ANY PROPOSED USE OF THE POWER OF EMINENT DOMAIN BY MAJORITY  VOTE.
 PRIOR  TO  SUCH VOTE, SUCH CITY COUNCIL SHALL HOLD AT LEAST ONE OFFICIAL
 PUBLIC HEARING ON SUCH MATTER AT A LOCATION REASONABLY PROXIMATE TO  THE
 PROPERTY WHICH MAY BE ACQUIRED.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09640-01-7

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