Senate Bill S1343A

2021-2022 Legislative Session

Relates to the acquisition of real property by eminent domain

download bill text pdf

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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

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Bill Amendments

2021-S1343 - Details

Current Committee:
Senate Local Government
Law Section:
Town Law
Versions Introduced in 2019-2020 Legislative Session:
S8939

2021-S1343 - Summary

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

2021-S1343 - Sponsor Memo

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 - Summary

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

2021-S1343A - Sponsor Memo

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) - Summary

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

2021-S1343B (ACTIVE) - Sponsor Memo

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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