Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 05, 2022 |
referred to local government returned to senate died in assembly |
May 24, 2021 |
referred to labor delivered to assembly passed senate |
Apr 06, 2021 |
amended on third reading (t) 1343b |
Mar 03, 2021 |
advanced to third reading |
Mar 02, 2021 |
2nd report cal. |
Mar 01, 2021 |
1st report cal.443 |
Jan 22, 2021 |
print number 1343a |
Jan 22, 2021 |
amend and recommit to local government |
Jan 11, 2021 |
referred to local government |
Senate Bill S1343A
2021-2022 Legislative Session
Sponsored By
(D) Senate District
Archive: Last Bill Status - In Senate Committee Local Government 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
Votes
Bill Amendments
2021-S1343 - Details
- Current Committee:
- Senate Local Government
- Law Section:
- Town Law
- Versions Introduced in 2019-2020 Legislative Session:
-
S8939
2021-S1343 - Sponsor Memo
BILL NUMBER: S1343 SPONSOR: BROOKS TITLE OF BILL: An act to amend the town law, in relation to the acquisition of real property by eminent domain PURPOSE: The purpose of this bill is to afford all Towns and Improvement Districts throughout New York State conditional condemnation enabling them to take the same approach in acquiring private utilities as now enjoyed by the water authorities in City of New York SUMMARY OF PROVISIONS: Section 1. amends section 64 of the town law by adding a new subdivision 2-b which provides 'conditional condemnation' to towns. Section 2. amends section 215 of the town law by adding a new subdivi-
2021-S1343 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1343 2021-2022 Regular Sessions I N S E N A T E January 11, 2021 ___________ Introduced by Sen. BROOKS -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government 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.
2021-S1343A - Details
- Current Committee:
- Senate Local Government
- Law Section:
- Town Law
- Versions Introduced in 2019-2020 Legislative Session:
-
S8939
2021-S1343A - Sponsor Memo
BILL NUMBER: S1343A SPONSOR: BROOKS TITLE OF BILL: An act to amend the town law, in relation to the acquisition of real property by eminent domain PURPOSE: The purpose of this bill is to enable the sale of certain portions and territories of New York American Water located in Nassau County to the Massapequa Water District. SUMMARY OF PROVISIONS: Section 1. amends the town law to provide that the acquisition of prop- erty by eminent domain by towns and water districts that are special assessing units as defined by a waterworks corporation tariff as of May first 2019 in a county of one million one hundred thousand residents or more under the jurisdiction of of the public service commission shall
2021-S1343A - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1343--A 2021-2022 Regular Sessions I N S E N A T E January 11, 2021 ___________ Introduced by Sen. BROOKS -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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. 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. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
2021-S1343B (ACTIVE) - Details
- Current Committee:
- Senate Local Government
- Law Section:
- Town Law
- Versions Introduced in 2019-2020 Legislative Session:
-
S8939
2021-S1343B (ACTIVE) - Sponsor Memo
BILL NUMBER: S1343B SPONSOR: BROOKS TITLE OF BILL: An act relating to the acquisition of real property by eminent domain PURPOSE: The purpose of this bill is to enable the sale of certain portions and territories of New York American Water located in Nassau County to the Massapequa Water District. SUMMARY OF PROVISIONS: Section 1. amends the town law to provide that the acquisition of prop- erty by eminent domain by towns and water districts that are special assessing units as defined by a waterworks corporation tariff as of May first 2019 in a county of one million one hundred thousand residents or more under the jurisdiction of of the public service commission shall only pay compensation in proceedings brought pursuant subdivision two of
2021-S1343B (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1343--B Cal. No. 443 2021-2022 Regular Sessions I N S E N A T E January 11, 2021 ___________ Introduced by Sen. BROOKS -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- reported favorably from said commit- tee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
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