Bill Text: NY A01650 | 2009-2010 | General Assembly | Introduced

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Bill Title: An act providing for the creation of a temporary state commission to examine eminent domain laws and make recommendations for reforms thereof and making an appropriation therefor

Spectrum: Partisan Bill (Democrat 35-0)

Status: (Introduced - Dead) 2010-01-06 - referred to judiciary [A01650 Detail]

Download: New_York-2009-A01650-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1650
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 7, 2009
                                      ___________
       Introduced  by M. of A. BRODSKY, CANESTRARI, DESTITO, FIELDS, O'DONNELL,
         GREENE, WEISENBERG, MAISEL, PRETLOW -- Multi-Sponsored by -- M. of  A.
         ALESSI, BENJAMIN, BRADLEY, BRENNAN, CAHILL, CAMARA, CLARK, COOK, DIAZ,
         EDDINGTON,  FARRELL,  GALEF,  GLICK,  GOTTFRIED, HOOPER, HOYT, JACOBS,
         KOON, LATIMER, LIFTON, LUPARDO, MAGNARELLI, McENENY, MILLMAN,  PAULIN,
         P. RIVERA,  ROBINSON,  ROSENTHAL,  TITONE,  TITUS  --  read  once  and
         referred to the Committee on Judiciary
       AN ACT providing for the creation of a  temporary  state  commission  to
         examine eminent domain laws and make recommendations for reforms ther-
         eof and making an appropriation therefor
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Legislative findings and  intent.  The  legislature  hereby
    2  finds  and declares that eminent domain is an important tool for govern-
    3  ment to move forward on important public projects. However, there  needs
    4  to  be  a thorough examination to determine how public projects that are
    5  primarily economic development projects affect homeowners.  There  needs
    6  to  be  a  balance  between  the needs of society and the constitutional
    7  power of government to exercise  its  eminent  domain  powers,  and  the
    8  constitutional liberty and property rights of the people.
    9    S  2.  A  temporary state commission, to be known as the commission on
   10  eminent domain reform, hereinafter referred to  as  the  commission,  is
   11  hereby created to examine, evaluate, and make recommendations concerning
   12  the  scope and effectiveness of the eminent domain procedure law and the
   13  legislature's grant to certain public and other entities to exercise the
   14  power of eminent domain. Specifically the commission  shall  examine  at
   15  least the following:
   16    (a)   the   appropriate   constitutional   standard  for  condemnation
   17  proceedings used for the economic development where  private  homeowners
   18  are affected; and
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04814-01-9
       A. 1650                             2
    1    (b) the procedural fairness of the eminent domain procedure laws.
    2    S 3. The commission shall consist of thirteen members, to be appointed
    3  as follows: three members to be appointed by the governor; three members
    4  to  be appointed by the temporary president of the senate; three members
    5  to be appointed by the  speaker  of  the  assembly;  one  member  to  be
    6  appointed  by  the  minority  leader  of  the  senate;  one member to be
    7  appointed by the minority leader of the assembly; one  member  shall  be
    8  appointed  by  the comptroller, and one member shall be appointed by the
    9  attorney general. The appointees shall have  demonstrated  expertise  in
   10  the field of eminent domain law. The governor shall designate the chair-
   11  person  and vice-chairperson of the commission. Vacancies in the member-
   12  ship of the commission and among its officers shall  be  filled  in  the
   13  manner provided for original appointments or designations.
   14    S  4.  The members of the commission shall receive no compensation for
   15  their services, but shall be allowed their actual and necessary expenses
   16  incurred in the performance of their duties hereunder.  To  the  maximum
   17  extent feasible, the commission shall be entitled to request and receive
   18  and  shall  utilize and be provided with such facilities, resources, and
   19  data of any court, department, division, board, bureau,  commission,  or
   20  agency  of  the  state  or any political subdivision thereof as it deems
   21  necessary or desirable to carry out properly its powers and duties here-
   22  under.
   23    S 5. The commission may employ and at pleasure remove  such  personnel
   24  as  it  may  deem necessary for the performance of its functions and fix
   25  their compensation within the amounts made available therefor.
   26    S 6. The commission may meet within and without the state, shall  hold
   27  public  hearings, and shall have all the powers of a legislative commit-
   28  tee pursuant to the legislative law.
   29    S 7. The commission shall submit its findings and recommendations in a
   30  report to the governor, the temporary president of the senate,  and  the
   31  speaker of the assembly not later than one year after it first convenes.
   32    S  8.  The  sum of one hundred thousand dollars ($100,000), or so much
   33  thereof as may be necessary, is hereby appropriated to pay the  expenses
   34  incurred,  including personal service, in carrying out the provisions of
   35  section nine of this act. Such moneys shall be payable out of the  state
   36  treasury in the general fund to the credit of the state purposes account
   37  after  audit  by  and  on  the  warrant of the comptroller upon vouchers
   38  certified or approved by the  chairperson  or  vice-chairperson  of  the
   39  commission as prescribed by law.
   40    S  9. This act shall take effect immediately; provided that the tempo-
   41  rary state commission established pursuant to section two  of  this  act
   42  shall expire and be terminated on the first day next succeeding the date
   43  of the submission of its report as provided in section seven of this act
   44  and;  provided  further,  however, that the chairperson of the temporary
   45  commission on eminent domain reform shall notify  the  legislative  bill
   46  drafting commission upon the submission of its report as provided for in
   47  section  seven  of this act in order that the commission may maintain an
   48  accurate and timely effective data base of the official text of the laws
   49  of the state of New York in furtherance of effecting the  provisions  of
   50  section  44  of the legislative law and section 70-b of the public offi-
   51  cers law.