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