Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 05, 2022 |
referred to local governments |
May 27, 2021 |
reference changed to local governments |
Mar 24, 2021 |
print number 3565a |
Mar 24, 2021 |
amend and recommit to labor |
Jan 27, 2021 |
referred to labor |
Assembly Bill A3565A
2021-2022 Legislative Session
Sponsored By
GRIFFIN
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
Actions
Bill Amendments
co-Sponsors
Michaelle C. Solages
2021-A3565 - Details
2021-A3565 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3565 2021-2022 Regular Sessions I N A S S E M B L Y January 27, 2021 ___________ Introduced by M. of A. GRIFFIN, SOLAGES -- read once and referred to the Committee on Labor AN ACT to amend the town law, in relation to the acquisition of real property by eminent domain THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 64 of the town law is amended by adding a new subdivision 2-b to read as follows: 2-B. ACQUISITION OF REAL PROPERTY BY EMINENT DOMAIN. A. NOTWITHSTAND- ING ANY PROVISION OF THE EMINENT DOMAIN PROCEDURE LAW TO THE CONTRARY, IN ANY PROCEEDING BROUGHT PURSUANT TO SUBDIVISION TWO OF THIS SECTION, TITLE SHALL VEST IN THE TOWN AND COMPENSATION SHALL BE PAID ONLY: 1. UPON A DECISION BY THE STATE SUPREME COURT THAT COMPENSATION FOR THE REAL PROPERTY SO CONDEMNED SHALL BE DETERMINED SOLELY BY THE INCOME CAPITALIZATION METHOD OF VALUATION, BASED ON THE ACTUAL NET INCOME AS ALLOWED BY THE PUBLIC SERVICE COMMISSION; AND 2. UPON SUCH COURT'S DETERMINATION OF THE AMOUNT OF SUCH COMPENSATION, BASED UPON THE INCOME CAPITALIZATION METHOD, ENTRY OF THE FINAL JUDG- MENT, FILING OF THE FINAL DECREE, AND THE CONCLUSION OF ANY APPEAL OR EXPIRATION OF THE TIME TO FILE AN APPEAL RELATED TO THE CONDEMNATION PROCEEDING. B. IF ANY COURT SHALL UTILIZE ANY METHOD OF COMPENSATION OTHER THAN THE INCOME CAPITALIZATION METHOD, OR IF THE PROPOSED COMPENSATION IS MORE THAN THE RATE BASE OF THE ASSETS TAKEN IN CONDEMNATION AS UTILIZED BY THE PUBLIC SERVICE COMMISSION IN SETTING RATES AND AS CERTIFIED BY THE PUBLIC SERVICE COMMISSION, THE TOWN MAY WITHDRAW THE CONDEMNATION PROCEEDING WITHOUT PREJUDICE OR COSTS TO ANY PARTY. § 2. Section 215 of the town law is amended by adding a new subdivi- sion 5-a to read as follows: 5-A. A. NOTWITHSTANDING ANY PROVISION OF THE EMINENT DOMAIN PROCEDURE LAW TO THE CONTRARY, IN ANY PROCEEDING BROUGHT PURSUANT TO SUBDIVISION EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
co-Sponsors
Michaelle C. Solages
Gina Sillitti
2021-A3565A (ACTIVE) - Details
2021-A3565A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3565--A 2021-2022 Regular Sessions I N A S S E M B L Y January 27, 2021 ___________ Introduced by M. of A. GRIFFIN, SOLAGES -- read once and referred to the Committee on Labor -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT relating to the acquisition of real property by eminent domain THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Acquisition of real property by eminent domain in the New York public service commission designated service territory of water- works corporations located in counties of one million, one hundred thou- sand or more that are special assessing units as defined in said water- works corporation's tariff as of May first, two thousand nineteen. a. Notwithstanding any provision of the eminent domain procedure law to the contrary, in any proceeding brought pursuant to subdivision two of section sixty-four or subdivision five of section two hundred fifteen of the town law in the New York public service commission designated service territory of water-works corporations located in counties of one million, one hundred thousand or more that are special assessing units as defined in said water-works corporation's tariff as of May first, two thousand nineteen, title shall vest in the town or water district and compensation shall be paid only: 1. upon a decision by the state supreme court that compensation for the real property so condemned shall be determined solely by the income capitalization method of valuation, based on the actual net income as allowed by the public service commission; and 2. upon such court's determination of the amount of such compensation, based upon the income capitalization method, entry of the final judg- ment, filing of the final decree, and the conclusion of any appeal or expiration of the time to file an appeal related to the condemnation proceeding. b. If any court shall utilize any method of compensation other than the income capitalization method, or if the proposed compensation is EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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