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.