Bill Text: NY A02081 | 2009-2010 | General Assembly | Introduced

---

Bill Title: An act to amend the eminent domain procedure law, in relation to amendments for field conditions

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2010-01-06 - referred to judiciary [A02081 Detail]

Download: New_York-2009-A02081-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2081
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 15, 2009
                                      ___________
       Introduced by M. of A. O'DONNELL -- Multi-Sponsored by -- M. of A. CLARK
         -- read once and referred to the Committee on Judiciary
       AN  ACT to amend the eminent domain procedure law, in relation to amend-
         ments for field conditions
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Section 205 of the eminent domain procedure law is amended
    2  to read as follows:
    3    S 205. Amendments for field conditions. [Subsequent to publishing  its
    4  determination  and  findings and only in the event that further study of
    5  field conditions warrant, the condemnor shall have  the  right  to  make
    6  amendments  or alterations in its proposed public project to accommodate
    7  such field conditions. Such amendments or alterations shall not  require
    8  further  public hearings nor invalidate any acquisition for the proposed
    9  public project.] (A) IN THE EVENT THAT THE  CONDEMNOR  DECIDES  TO  MAKE
   10  AMENDMENTS  OR  ALTERATIONS  TO  ITS  PROPOSED  PUBLIC PROJECT AFTER THE
   11  CONCLUSION OF PUBLIC HEARINGS REQUIRED PURSUANT TO SECTION  TWO  HUNDRED
   12  ONE OF THIS ARTICLE, THE CONDEMNOR SHALL CONDUCT A NEW PUBLIC HEARING OR
   13  PUBLIC  HEARINGS  IN  ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE. TO
   14  THE EXTENT THAT WRITTEN OR ORAL STATEMENTS FROM PREVIOUS PUBLIC HEARINGS
   15  ON THE PROPOSED PUBLIC PROJECT ARE  STILL  APPLICABLE,  SUCH  STATEMENTS
   16  SHALL  CONTINUE  TO  BE  CONSIDERED,  RETAINED BY THE CONDEMNOR AND MADE
   17  AVAILABLE TO THE PUBLIC FOR EXAMINATION PURSUANT TO SECTION TWO  HUNDRED
   18  THREE OF THIS ARTICLE.
   19    (B)  IN  THE  EVENT  THAT  THE CONDEMNOR DECIDES TO MAKE AMENDMENTS OR
   20  ALTERATIONS TO ITS PROPOSED PUBLIC PROJECT AFTER THE PUBLISHING  OF  THE
   21  DETERMINATIONS AND FINDINGS REQUIRED BY SECTION TWO HUNDRED FOUR OF THIS
   22  ARTICLE,  THEN  THE  CONDEMNOR, AFTER CONDUCTING A NEW PUBLIC HEARING OR
   23  PUBLIC HEARINGS PURSUANT TO  SUBDIVISION  (A)  OF  THIS  SECTION,  SHALL
   24  PUBLISH  A NEW DETERMINATION AND FINDINGS SUBJECT TO THE REQUIREMENTS OF
   25  SECTION TWO HUNDRED FOUR OF THIS ARTICLE.
   26    S 2. This act shall take effect on the thirtieth day  after  it  shall
   27  have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03688-01-9