S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9108
 
                           I N  A S S E M B L Y
 
                             January 31, 2022
                                ___________
 
 Introduced by M. of A. THIELE -- read once and referred to the Committee
   on Local Governments
 
 AN ACT to amend the general municipal law, in relation to certain notice
   requirements  for  the  acquisition  of  real property for open space,
   historic preservations, or urban renewal purposes
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision 2 of section 247 of the general municipal law,
 as amended by chapter 892 of the laws of 1972, is  amended  to  read  as
 follows:
   2.  The  acquisition  of  interests or rights in real property for the
 preservation of open spaces and areas shall constitute a public  purpose
 for  which  public  funds  may  be expended or advanced, and any county,
 city, town or village after [due notice and] a public hearing  UPON  TEN
 DAYS'  NOTICE  may  acquire,  by purchase, gift, grant, bequest, devise,
 lease or otherwise, the fee or any lesser interest,  development  right,
 easement,  covenant, or other contractual right necessary to achieve the
 purposes of this chapter, to land within such municipality. In the  case
 of  a village the cost of such acquisition of interests or rights may be
 incurred wholly at the expense of the village, at  the  expense  of  the
 owners  of the lands benefited thereby, or partly at the expense of such
 owners and partly at the expense of the village  at  large  as  a  local
 improvement  in the manner provided by article twenty-two in the village
 law entitled local improvements.
   § 2. Subdivision 3 of section 119-dd of the general municipal law,  as
 added by chapter 354 of the laws of 1980, is amended to read as follows:
   3.  After  [due notice and] A public hearing UPON TEN DAYS' NOTICE, by
 purchase, gift, grant, bequest, devise, lease or otherwise, acquire  the
 fee  or  any  lesser  interest, development right, easement, covenant or
 other contractual right necessary to achieve the purposes of this  arti-
 cle,  to  historical or cultural property within its jurisdiction. After
 acquisition of any such  interest  pursuant  to  this  subdivision,  the
 effect  of  the  acquisition  on  the  valuation placed on any remaining
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13534-02-2
              

 A. 9108                             2
 
 private interest in such property for purposes of real  estate  taxation
 shall be taken into account.
   § 3. Subdivisions 2 and 3 of section 505 of the general municipal law,
 subdivision 2 as amended by chapter 723 of the laws of 1963 and subdivi-
 sion  3  as  amended  by chapter 133 of the laws of 1996, are amended to
 read as follows:
   2. The urban renewal plan for the designated area, or for  a  part  or
 portion  of  such area, shall be submitted to the commission which shall
 certify, after a public hearing held on [due notice] TEN  DAYS'  NOTICE,
 whether  such  plan complies with the provisions of subdivision seven of
 section five hundred two of this article and  conforms  to  the  finding
 made  pursuant to section five hundred four of this article. The commis-
 sion shall submit its report to the governing body, not later  than  ten
 weeks  from  the  date  of  referral  of  the plan to it, certifying its
 unqualified approval, its disapproval, or its  qualified  approval  with
 recommendations for modifications therein.
   3. After a public hearing, held on [due notice] TEN DAYS' NOTICE after
 the  report  is  received or due from the commission, the governing body
 may:
   (a) if the commission shall have certified its  unqualified  approval,
 approve the plan by a majority vote;
   (b)  if  the  commission shall have certified its disapproval or shall
 have failed to make its report within ten weeks from the date such  plan
 was  submitted  to  it by the agency, nevertheless approve the plan, but
 only by a three-fourths vote;
   (c) if the commission shall  have  certified  its  qualified  approval
 together  with  recommendations  for  modifications,  approve  the  plan
 together with the modifications  recommended  by  the  commission  by  a
 majority  vote,  or approve the plan without such modifications but only
 by a three-fourths vote.
   § 4. Section 506 of the general municipal law, as added by chapter 402
 of the laws of 1961, subdivision 1 as amended by chapter 947 of the laws
 of 1965, paragraph (a) of subdivision 1 as amended by chapter 748 of the
 laws of 1967 and paragraph c of subdivision 1 as added by chapter 772 of
 the laws of 1967, is amended to read as follows:
   § 506. Acquisition  of  property.  1.  [(a)]  A  municipality,  acting
 through  its  governing  body,  may  acquire  by purchase, gift, devise,
 lease, condemnation or otherwise, in accordance with the  provisions  of
 the appropriate general, special or local law applicable to the acquisi-
 tion  of real property by such municipality, real property or any inter-
 est therein, including but not limited to air rights, and  easements  or
 other  rights  of user necessary for the use and development of such air
 rights, to be developed as air rights sites for the elimination  of  the
 blighting  influences of an area or areas consisting principally of land
 in streets, alleys, highways, and other public rights of way, railway or
 subway tracks, bridge or tunnel approaches or entrances, or other  simi-
 lar facilities which have a blighting influence on the surrounding area,
 necessary  for  or incidental to a program of urban renewal for residen-
 tial, commercial, industrial, public, semi-public,  community  or  other
 uses  or  combinations  of such uses in accordance with an urban renewal
 plan for a designated area, or for a  part  or  portion  of  such  area,
 provided,  however, that the acquisition of any air rights over railroad
 tracks, rights of way or facilities and easements  or  other  rights  of
 user  necessary for the use and development of such air rights are to be
 subject to the provision of section fifty-one-a of the railroad law. The
 acquisition of real property within  a  designated  urban  renewal  area
 A. 9108                             3
 
 shall  in  every case be deemed to be and constitute a continuous rather
 than separate takings.
   [(b)]  2.  Property so acquired by a municipality shall be exempt from
 taxation until sold, leased for a term not exceeding  ninety-nine  years
 or otherwise disposed of in accordance with the provisions of this arti-
 cle  of this chapter; provided however, that any such municipality shall
 have the power and authority, with respect to such property, to  pay  or
 transfer,  out  of  funds  available  to it for the effectuating of such
 urban renewal program, annual sums in lieu of taxes to any taxing juris-
 diction providing services to the urban renewal area, or to the part  or
 portion  thereof  within such taxing jurisdiction, in order that no such
 taxing jurisdiction shall suffer  an  inequitable  loss  of  revenue  by
 virtue of such urban renewal program; provided, further, that the amount
 so  paid  or  transferred for any year with respect to any such property
 shall not exceed the lesser of [(1)]: (A) the sum last  levied  for  the
 benefit  of  such  taxing jurisdiction as an annual tax on such property
 prior to the time of its acquisition  for  urban  renewal  purposes;  or
 [(2)] (B) such amount as shall be approved by the commissioner, pursuant
 to  such  rules,  regulations,  limitations  and  conditions  as  he may
 prescribe, as an eligible and proper charge against such  urban  renewal
 program.  Upon  the  sale,  lease or disposition of such property to any
 person, firm or corporation not entitled to an exemption  from  taxation
 or  entitled  to  only a partial tax exemption such property shall imme-
 diately become subject to taxation in whole or in part, as the case  may
 be, and shall be taxed pro rata for the unexpired portion of the taxable
 year.
   As  used  in  this [paragraph] SUBDIVISION, the term "taxing jurisdic-
 tion" means any municipal corporation or district corporation, including
 any school district or any special district, having the power to levy or
 collect taxes and benefit assessments upon real property,  or  in  whose
 behalf such taxes or benefit assessments may be levied or collected.
   [c.]  3. Notwithstanding any other provisions of this article, a muni-
 cipality may acquire by purchase, gift, devise, lease,  condemnation  or
 otherwise,  upon recommendation of the agency and in accordance with the
 appropriate provisions of any general, special or local law  or  charter
 applicable  to  the  acquisition  of real property by such municipality,
 such real property or any interest therein, within  an  area  designated
 pursuant  to  this  article  as appropriate for urban renewal, as it may
 deem ultimately necessary or proper to effectuate the purposes  of  this
 article  although  temporarily  not required for such purposes, provided
 that the early acquisition of such property is approved as follows:
   [(1)] (A) In a municipality where there is a planning commission,  the
 agency shall submit the proposal for early acquisition to the commission
 for  its  approval.  Such  planning commission shall, not later than ten
 weeks from the date of the referral of  the  proposal  to  it,  after  a
 public  hearing held on [due notice] TEN DAYS' NOTICE, submit its report
 to the governing body certifying its  unqualified  consent,  its  disap-
 proval,  or its qualified consent with recommendations for modifications
 of the proposal.
   After public hearing held on [due notice] TEN DAYS' NOTICE  after  the
 report  is  received  or due from the planning commission, the governing
 body may:
   (i) if the commission shall have certified  its  unqualified  consent,
 approve the proposal by a majority vote:
   (ii)  if  the commission shall have certified its disapproval or shall
 have failed to make its report within  ten  weeks  from  the  date  such
 A. 9108                             4
 
 proposal  was  submitted  to  it by the agency, nevertheless approve the
 proposal, but only by a three-fourths vote:
   (iii)  if  the  commission  shall have certified its qualified consent
 together with recommendations for modifications of the proposal, approve
 the proposal together with the modifications recommended by the  commis-
 sion  by a majority vote, or approve the proposal without such modifica-
 tions but only by a three-fourths vote.
   [(2)] (B) In a municipality where there is no planning commission, the
 agency shall submit the proposal to  the  governing  body  which,  after
 public hearing held on [due notice] TEN DAYS' NOTICE, may either approve
 or disapprove the proposal.
   §  5.  Section 555 of the general municipal law, as amended by chapter
 912 of the laws of 1966, paragraph (a) of subdivision 1  as  amended  by
 chapter 748 of the laws of 1967, paragraph (c) of subdivision 1 as added
 by  chapter  311 of the laws of 1968, the opening paragraph of paragraph
 (c) of subdivision 1 as amended by chapter 247 of the laws of  1970  and
 subparagraphs  1  and  2 of paragraph (c) of subdivision 1 as amended by
 chapter 1002 of the laws of 1969, is amended to read as follows:
   § 555. Acquisition of property. 1. [(a)] Real property or any interest
 therein, including but not limited to air rights, and easements or other
 rights of user necessary for the use and development of such air rights,
 to be developed as air rights sites for the elimination of the blighting
 influences over an area or  areas  consisting  principally  of  land  in
 streets,  alleys,  highways,  and other public rights of way, railway or
 subway tracks, bridge or tunnel approaches or entrances, or other  simi-
 lar  facilities which have a blighting influence on the surrounding area
 necessary for or incidental to any urban renewal program or part thereof
 in accordance with an urban renewal plan may be acquired by an agency by
 gift, grant, devise, purchase, condemnation or otherwise and by a  muni-
 cipality  for  and on behalf of an agency by condemnation.  Property may
 be acquired by condemnation by an agency or by  a  municipality  for  an
 agency pursuant to the condemnation law or pursuant to the laws relating
 to  the condemnation of land by the municipality for which the agency is
 acting or the municipality, as the case may be.
   [(b)] 2. Property so acquired by an agency, or by  a  municipality  in
 behalf  of  an  agency, shall be exempt from taxation until sold, leased
 for a term not exceeding ninety-nine years or otherwise disposed  of  in
 accordance  with  the  provisions  of this article or article fifteen of
 this chapter; provided, however, that any such  agency  shall  have  the
 power and authority, with respect to such property, to pay, out of funds
 available  to  it  for  the  effectuating of such urban renewal program,
 annual sums in lieu  of  taxes  to  any  taxing  jurisdiction  providing
 services  to  the  urban renewal area, or to the part or portion thereof
 within such taxing jurisdiction, in order that no such taxing  jurisdic-
 tion shall suffer an inequitable loss of revenue by virtue of such urban
 renewal program; provided, further, that the amount so paid for any year
 with  respect to any such property shall not exceed the lesser of [(1)]:
 (A) the sum last levied for the benefit of such taxing  jurisdiction  as
 an  annual tax on such property prior to the time of its acquisition for
 urban renewal purposes; or [(2)] (B) such amount as shall be approved by
 the commissioner, pursuant to such rules,  regulation,  limitations  and
 conditions as he may prescribe, as an eligible and proper charge against
 such  urban renewal program. Upon the sale, lease or disposition of such
 property to any person, firm or corporation not entitled to an exemption
 from taxation or entitled to only a partial tax exemption such  property
 shall immediately become subject to taxation in whole or in part, as the
 A. 9108                             5
 
 case  may  be,  and shall be taxed pro rata for the unexpired portion of
 the taxable year.
   As  used  in  this [paragraph] SUBDIVISION, the term "taxing jurisdic-
 tion" means any municipal corporation or district corporation  including
 any school district or any special district, having the power to levy or
 collect  taxes  and  benefit assessments upon real property, or in whose
 behalf such taxes or benefit assessments may be levied or collected.
   [(c)] 3. Notwithstanding any other  provisions  of  this  article,  an
 agency may acquire by purchase, gift, devise, condemnation or otherwise,
 in accordance with the appropriate provisions of any general, special or
 local  law  or charter applicable to the acquisition of real property by
 such agency, such real property or any interest therein, within an  area
 designated  pursuant  to  article fifteen of this chapter as appropriate
 for urban renewal, as it may deem  ultimately  necessary  or  proper  to
 effectuate  the  purposes  of  this  article  although  temporarily  not
 required for such purposes, provided that the early acquisition of  such
 property is approved as follows:
   [(1)]  (A) In a municipality where there is a planning commission, the
 agency shall submit the proposal for early acquisition to the commission
 for its approval. Such planning commission shall,  not  later  than  ten
 weeks  from  the  date  of  the  referral of the proposal to it, after a
 public hearing held on [due notice] TEN DAYS' NOTICE, submit its  report
 to  the  governing  body  certifying its unqualified consent, its disap-
 proval, or its qualified consent with recommendations for  modifications
 of the proposal.
   After  public  hearing held on [due notice] TEN DAYS' NOTICE after the
 report is received or due from the planning  commission,  the  governing
 body may:
   (i) if the commission shall have certified its unqualified consent, by
 majority vote authorize the agency to proceed with the acquisition;
   (ii)  if  the commission shall have certified its disapproval or shall
 have failed to make its report within  ten  weeks  from  the  date  such
 proposal  was  submitted  to  it,  nevertheless  authorize the agency to
 proceed with the acquisition, but only by a three-fourths vote;
   (iii) if the commission shall have  certified  its  qualified  consent
 together with recommendations for modifications of the proposal, author-
 ize  the  agency  to proceed with the acquisition in accordance with the
 modifications recommended  by  the  commission,  by  majority  vote,  or
 authorize  such  acquisition  without  such  modifications but only by a
 three-fourths vote.
   [(2)] (B) In a municipality where there is no planning commission, the
 agency shall submit the proposal  to  the  governing  body  which  after
 public hearing held on [due notice] TEN DAYS' NOTICE, may either approve
 or disapprove the proposal.
   § 6. This act shall take effect immediately.