Senate Bill S3592

                                
 
BILL NUMBER: S3592

SPONSOR: COMRIE
 
TITLE OF BILL:

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

 
PURPOSE::

To amend the public authorities law authorizing the New York city coun-
cil to approve or disapprove by a majority vote, any public authority's
or public benefit corporation's use of eminent domain.

 
SUMMARY OF PROVISIONS::

Adds new section 2901 to the public authorities law authorizing the city
council in cities with a population of one million or more to approve or
disapprove by a majority vote any public authorities or public benefit
              

corporation's use of eminent domain. The city council is also required
to hold at least one official public hearing on the proposed action
prior to voting.

 
JUSTIFICATION::

Continued scrutiny of public authorities and discussion over the impli-
cations of Supreme Court precedent which have widened the use of eminent
domain illustrate the need for greater local control over takings by
public authorities. Public authorities have public missions but are
isolated from traditional democratic pressure, and therefore lack
accountability to the people of this State. Many authorities even have
eminent domain power that can be exercised over the objection of local
governments. This dynamic was not contemplated by the founders when they
placed limits on the use of eminent domain.  This bill would safeguard
the interests of the public and communities around this state by adding
more traditional democratic control and oversight over the use of
takings by public authorities. This bill would ensure that use of
eminent domain by public authorities is adequately scrutinized by local
elected officials and that the public has an opportunity to comment on
projects/proposals that impact on their quality of life.

 
LEGISLATIVE HISTORY::

First introduced in 2005.
2011-2012: S.2332 - Died in Committee
2013-2014: S.1423 - Died in Committee

 
FISCAL IMPLICATIONS::

Not known.

 
EFFECTIVE DATE::

This act shall take effect on the ninetieth day after it becomes law.