Bill Text: NY A09108 | 2021-2022 | General Assembly | Introduced
Bill Title: Provides that the acquisition of interests or rights in real property for the preservation of open spaces and areas shall constitute a public purpose for which public funds may be expended or advanced.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2022-03-07 - REFERRED TO LOCAL GOVERNMENT [A09108 Detail]
Download: New_York-2021-A09108-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9108 IN ASSEMBLY January 31, 2022 ___________ Introduced by M. of A. THIELE -- read once and referred to the Committee on Local Governments AN ACT to amend the general municipal law, in relation to certain notice requirements for the acquisition of real property for open space, historic preservations, or urban renewal purposes The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 2 of section 247 of the general municipal law, 2 as amended by chapter 892 of the laws of 1972, is amended to read as 3 follows: 4 2. The acquisition of interests or rights in real property for the 5 preservation of open spaces and areas shall constitute a public purpose 6 for which public funds may be expended or advanced, and any county, 7 city, town or village after [due notice and] a public hearing upon ten 8 days' notice may acquire, by purchase, gift, grant, bequest, devise, 9 lease or otherwise, the fee or any lesser interest, development right, 10 easement, covenant, or other contractual right necessary to achieve the 11 purposes of this chapter, to land within such municipality. In the case 12 of a village the cost of such acquisition of interests or rights may be 13 incurred wholly at the expense of the village, at the expense of the 14 owners of the lands benefited thereby, or partly at the expense of such 15 owners and partly at the expense of the village at large as a local 16 improvement in the manner provided by article twenty-two in the village 17 law entitled local improvements. 18 § 2. Subdivision 3 of section 119-dd of the general municipal law, as 19 added by chapter 354 of the laws of 1980, is amended to read as follows: 20 3. After [due notice and] a public hearing upon ten days' notice, by 21 purchase, gift, grant, bequest, devise, lease or otherwise, acquire the 22 fee or any lesser interest, development right, easement, covenant or 23 other contractual right necessary to achieve the purposes of this arti- 24 cle, to historical or cultural property within its jurisdiction. After 25 acquisition of any such interest pursuant to this subdivision, the 26 effect of the acquisition on the valuation placed on any remaining EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13534-02-2A. 9108 2 1 private interest in such property for purposes of real estate taxation 2 shall be taken into account. 3 § 3. Subdivisions 2 and 3 of section 505 of the general municipal law, 4 subdivision 2 as amended by chapter 723 of the laws of 1963 and subdivi- 5 sion 3 as amended by chapter 133 of the laws of 1996, are amended to 6 read as follows: 7 2. The urban renewal plan for the designated area, or for a part or 8 portion of such area, shall be submitted to the commission which shall 9 certify, after a public hearing held on [due notice] ten days' notice, 10 whether such plan complies with the provisions of subdivision seven of 11 section five hundred two of this article and conforms to the finding 12 made pursuant to section five hundred four of this article. The commis- 13 sion shall submit its report to the governing body, not later than ten 14 weeks from the date of referral of the plan to it, certifying its 15 unqualified approval, its disapproval, or its qualified approval with 16 recommendations for modifications therein. 17 3. After a public hearing, held on [due notice] ten days' notice after 18 the report is received or due from the commission, the governing body 19 may: 20 (a) if the commission shall have certified its unqualified approval, 21 approve the plan by a majority vote; 22 (b) if the commission shall have certified its disapproval or shall 23 have failed to make its report within ten weeks from the date such plan 24 was submitted to it by the agency, nevertheless approve the plan, but 25 only by a three-fourths vote; 26 (c) if the commission shall have certified its qualified approval 27 together with recommendations for modifications, approve the plan 28 together with the modifications recommended by the commission by a 29 majority vote, or approve the plan without such modifications but only 30 by a three-fourths vote. 31 § 4. Section 506 of the general municipal law, as added by chapter 402 32 of the laws of 1961, subdivision 1 as amended by chapter 947 of the laws 33 of 1965, paragraph (a) of subdivision 1 as amended by chapter 748 of the 34 laws of 1967 and paragraph c of subdivision 1 as added by chapter 772 of 35 the laws of 1967, is amended to read as follows: 36 § 506. Acquisition of property. 1. [(a)] A municipality, acting 37 through its governing body, may acquire by purchase, gift, devise, 38 lease, condemnation or otherwise, in accordance with the provisions of 39 the appropriate general, special or local law applicable to the acquisi- 40 tion of real property by such municipality, real property or any inter- 41 est therein, including but not limited to air rights, and easements or 42 other rights of user necessary for the use and development of such air 43 rights, to be developed as air rights sites for the elimination of the 44 blighting influences of an area or areas consisting principally of land 45 in streets, alleys, highways, and other public rights of way, railway or 46 subway tracks, bridge or tunnel approaches or entrances, or other simi- 47 lar facilities which have a blighting influence on the surrounding area, 48 necessary for or incidental to a program of urban renewal for residen- 49 tial, commercial, industrial, public, semi-public, community or other 50 uses or combinations of such uses in accordance with an urban renewal 51 plan for a designated area, or for a part or portion of such area, 52 provided, however, that the acquisition of any air rights over railroad 53 tracks, rights of way or facilities and easements or other rights of 54 user necessary for the use and development of such air rights are to be 55 subject to the provision of section fifty-one-a of the railroad law. The 56 acquisition of real property within a designated urban renewal areaA. 9108 3 1 shall in every case be deemed to be and constitute a continuous rather 2 than separate takings. 3 [(b)] 2. Property so acquired by a municipality shall be exempt from 4 taxation until sold, leased for a term not exceeding ninety-nine years 5 or otherwise disposed of in accordance with the provisions of this arti- 6 cle of this chapter; provided however, that any such municipality shall 7 have the power and authority, with respect to such property, to pay or 8 transfer, out of funds available to it for the effectuating of such 9 urban renewal program, annual sums in lieu of taxes to any taxing juris- 10 diction providing services to the urban renewal area, or to the part or 11 portion thereof within such taxing jurisdiction, in order that no such 12 taxing jurisdiction shall suffer an inequitable loss of revenue by 13 virtue of such urban renewal program; provided, further, that the amount 14 so paid or transferred for any year with respect to any such property 15 shall not exceed the lesser of [(1)]: (a) the sum last levied for the 16 benefit of such taxing jurisdiction as an annual tax on such property 17 prior to the time of its acquisition for urban renewal purposes; or 18 [(2)] (b) such amount as shall be approved by the commissioner, pursuant 19 to such rules, regulations, limitations and conditions as he may 20 prescribe, as an eligible and proper charge against such urban renewal 21 program. Upon the sale, lease or disposition of such property to any 22 person, firm or corporation not entitled to an exemption from taxation 23 or entitled to only a partial tax exemption such property shall imme- 24 diately become subject to taxation in whole or in part, as the case may 25 be, and shall be taxed pro rata for the unexpired portion of the taxable 26 year. 27 As used in this [paragraph] subdivision, the term "taxing jurisdic- 28 tion" means any municipal corporation or district corporation, including 29 any school district or any special district, having the power to levy or 30 collect taxes and benefit assessments upon real property, or in whose 31 behalf such taxes or benefit assessments may be levied or collected. 32 [c.] 3. Notwithstanding any other provisions of this article, a muni- 33 cipality may acquire by purchase, gift, devise, lease, condemnation or 34 otherwise, upon recommendation of the agency and in accordance with the 35 appropriate provisions of any general, special or local law or charter 36 applicable to the acquisition of real property by such municipality, 37 such real property or any interest therein, within an area designated 38 pursuant to this article as appropriate for urban renewal, as it may 39 deem ultimately necessary or proper to effectuate the purposes of this 40 article although temporarily not required for such purposes, provided 41 that the early acquisition of such property is approved as follows: 42 [(1)] (a) In a municipality where there is a planning commission, the 43 agency shall submit the proposal for early acquisition to the commission 44 for its approval. Such planning commission shall, not later than ten 45 weeks from the date of the referral of the proposal to it, after a 46 public hearing held on [due notice] ten days' notice, submit its report 47 to the governing body certifying its unqualified consent, its disap- 48 proval, or its qualified consent with recommendations for modifications 49 of the proposal. 50 After public hearing held on [due notice] ten days' notice after the 51 report is received or due from the planning commission, the governing 52 body may: 53 (i) if the commission shall have certified its unqualified consent, 54 approve the proposal by a majority vote: 55 (ii) if the commission shall have certified its disapproval or shall 56 have failed to make its report within ten weeks from the date suchA. 9108 4 1 proposal was submitted to it by the agency, nevertheless approve the 2 proposal, but only by a three-fourths vote: 3 (iii) if the commission shall have certified its qualified consent 4 together with recommendations for modifications of the proposal, approve 5 the proposal together with the modifications recommended by the commis- 6 sion by a majority vote, or approve the proposal without such modifica- 7 tions but only by a three-fourths vote. 8 [(2)] (b) In a municipality where there is no planning commission, the 9 agency shall submit the proposal to the governing body which, after 10 public hearing held on [due notice] ten days' notice, may either approve 11 or disapprove the proposal. 12 § 5. Section 555 of the general municipal law, as amended by chapter 13 912 of the laws of 1966, paragraph (a) of subdivision 1 as amended by 14 chapter 748 of the laws of 1967, paragraph (c) of subdivision 1 as added 15 by chapter 311 of the laws of 1968, the opening paragraph of paragraph 16 (c) of subdivision 1 as amended by chapter 247 of the laws of 1970 and 17 subparagraphs 1 and 2 of paragraph (c) of subdivision 1 as amended by 18 chapter 1002 of the laws of 1969, is amended to read as follows: 19 § 555. Acquisition of property. 1. [(a)] Real property or any interest 20 therein, including but not limited to air rights, and easements or other 21 rights of user necessary for the use and development of such air rights, 22 to be developed as air rights sites for the elimination of the blighting 23 influences over an area or areas consisting principally of land in 24 streets, alleys, highways, and other public rights of way, railway or 25 subway tracks, bridge or tunnel approaches or entrances, or other simi- 26 lar facilities which have a blighting influence on the surrounding area 27 necessary for or incidental to any urban renewal program or part thereof 28 in accordance with an urban renewal plan may be acquired by an agency by 29 gift, grant, devise, purchase, condemnation or otherwise and by a muni- 30 cipality for and on behalf of an agency by condemnation. Property may 31 be acquired by condemnation by an agency or by a municipality for an 32 agency pursuant to the condemnation law or pursuant to the laws relating 33 to the condemnation of land by the municipality for which the agency is 34 acting or the municipality, as the case may be. 35 [(b)] 2. Property so acquired by an agency, or by a municipality in 36 behalf of an agency, shall be exempt from taxation until sold, leased 37 for a term not exceeding ninety-nine years or otherwise disposed of in 38 accordance with the provisions of this article or article fifteen of 39 this chapter; provided, however, that any such agency shall have the 40 power and authority, with respect to such property, to pay, out of funds 41 available to it for the effectuating of such urban renewal program, 42 annual sums in lieu of taxes to any taxing jurisdiction providing 43 services to the urban renewal area, or to the part or portion thereof 44 within such taxing jurisdiction, in order that no such taxing jurisdic- 45 tion shall suffer an inequitable loss of revenue by virtue of such urban 46 renewal program; provided, further, that the amount so paid for any year 47 with respect to any such property shall not exceed the lesser of [(1)]: 48 (a) the sum last levied for the benefit of such taxing jurisdiction as 49 an annual tax on such property prior to the time of its acquisition for 50 urban renewal purposes; or [(2)] (b) such amount as shall be approved by 51 the commissioner, pursuant to such rules, regulation, limitations and 52 conditions as he may prescribe, as an eligible and proper charge against 53 such urban renewal program. Upon the sale, lease or disposition of such 54 property to any person, firm or corporation not entitled to an exemption 55 from taxation or entitled to only a partial tax exemption such property 56 shall immediately become subject to taxation in whole or in part, as theA. 9108 5 1 case may be, and shall be taxed pro rata for the unexpired portion of 2 the taxable year. 3 As used in this [paragraph] subdivision, the term "taxing jurisdic- 4 tion" means any municipal corporation or district corporation including 5 any school district or any special district, having the power to levy or 6 collect taxes and benefit assessments upon real property, or in whose 7 behalf such taxes or benefit assessments may be levied or collected. 8 [(c)] 3. Notwithstanding any other provisions of this article, an 9 agency may acquire by purchase, gift, devise, condemnation or otherwise, 10 in accordance with the appropriate provisions of any general, special or 11 local law or charter applicable to the acquisition of real property by 12 such agency, such real property or any interest therein, within an area 13 designated pursuant to article fifteen of this chapter as appropriate 14 for urban renewal, as it may deem ultimately necessary or proper to 15 effectuate the purposes of this article although temporarily not 16 required for such purposes, provided that the early acquisition of such 17 property is approved as follows: 18 [(1)] (a) In a municipality where there is a planning commission, the 19 agency shall submit the proposal for early acquisition to the commission 20 for its approval. Such planning commission shall, not later than ten 21 weeks from the date of the referral of the proposal to it, after a 22 public hearing held on [due notice] ten days' notice, submit its report 23 to the governing body certifying its unqualified consent, its disap- 24 proval, or its qualified consent with recommendations for modifications 25 of the proposal. 26 After public hearing held on [due notice] ten days' notice after the 27 report is received or due from the planning commission, the governing 28 body may: 29 (i) if the commission shall have certified its unqualified consent, by 30 majority vote authorize the agency to proceed with the acquisition; 31 (ii) if the commission shall have certified its disapproval or shall 32 have failed to make its report within ten weeks from the date such 33 proposal was submitted to it, nevertheless authorize the agency to 34 proceed with the acquisition, but only by a three-fourths vote; 35 (iii) if the commission shall have certified its qualified consent 36 together with recommendations for modifications of the proposal, author- 37 ize the agency to proceed with the acquisition in accordance with the 38 modifications recommended by the commission, by majority vote, or 39 authorize such acquisition without such modifications but only by a 40 three-fourths vote. 41 [(2)] (b) In a municipality where there is no planning commission, the 42 agency shall submit the proposal to the governing body which after 43 public hearing held on [due notice] ten days' notice, may either approve 44 or disapprove the proposal. 45 § 6. This act shall take effect immediately.
