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Assembly Bill A3565A

2021-2022 Legislative Session

Relates to the acquisition of real property by eminent domain

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

co-Sponsors

2021-A3565 - Details

See Senate Version of this Bill:
S1343
Current Committee:
Assembly Local Governments
Law Section:
Town Law
Versions Introduced in 2019-2020 Legislative Session:
A10972, S8939

2021-A3565 - Summary

Relates to the acquisition of real property by eminent domain and the methods for calculating compensation for such acquisition.

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

2021-A3565A (ACTIVE) - Details

See Senate Version of this Bill:
S1343
Current Committee:
Assembly Local Governments
Law Section:
Town Law
Versions Introduced in 2019-2020 Legislative Session:
A10972, S8939

2021-A3565A (ACTIVE) - Summary

Relates to the acquisition of real property by eminent domain and the methods for calculating compensation for such acquisition.

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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