assembly Bill A6119

2019-2020 Legislative Session

Creates the real property regulatory impacts act

download bill text pdf

Sponsored By

Current Bill Status - In Assembly 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 (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 28, 2019 referred to judiciary

Co-Sponsors

Multi-Sponsors

A6119 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Real Property Law
Laws Affected:
Add Art 12-D §§447-a - 447-g, RP L
Versions Introduced in Other Legislative Sessions:
2009-2010: A2860
2011-2012: A2635
2013-2014: A3216
2015-2016: A3924
2017-2018: A7340

A6119 (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.

A6119 (ACTIVE) - Bill Text download pdf


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

                                  6119

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            February 28, 2019
                               ___________

Introduced by M. of A. FITZPATRICK, SALKA -- Multi-Sponsored by -- M. of
  A. MANKTELOW -- 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.
  § 447-A. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED  AS
THE "REAL PROPERTY REGULATORY IMPACTS ACT".
  §  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.
                                                           LBD05976-01-9

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