Bill Text: NY A09209 | 2011-2012 | General Assembly | Introduced

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Bill Title: Provides that with just compensation paid, private property may be taken only when necessary for the possession, occupation, or enjoyment of land by the public at large or by public agencies.

Spectrum: Slight Partisan Bill (Democrat 11-5)

Status: (Introduced - Dead) 2012-02-07 - to attorney-general for opinion [A09209 Detail]

Download: New_York-2011-A09209-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         9209
                                 I N  A S S E M B L Y
                                   February 3, 2012
                                      ___________
       Introduced  by  M. of A. ROBERTS, COOK, WRIGHT, ROBINSON, PERRY, HIKIND,
         REILLY, JOHNS, RAIA, CROUCH, GRAF, MONTESANO -- Multi-Sponsored by  --
         M. of A. BOYLAND, MARKEY -- read once and referred to the Committee on
         Judiciary
                   CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
       proposing an amendment to section 7 of article 1 of the constitution, in
         relation to the taking of private property; and repealing section 7 of
         article 1 of the constitution relating to just compensation for taking
         private property
    1    Section  1. Resolved (if the Senate concur), That section 7 of article
    2  1 of the constitution is REPEALED and a new section 7 of  article  1  is
    3  added to read as follows:
    4    S  7.  (A)  WITH JUST COMPENSATION PAID, PRIVATE PROPERTY MAY BE TAKEN
    5  ONLY WHEN NECESSARY FOR THE POSSESSION,  OCCUPATION,  AND  ENJOYMENT  OF
    6  LAND BY THE PUBLIC AT LARGE, OR BY PUBLIC AGENCIES.
    7    (B)  EXCEPT  FOR PRIVATELY OWNED COMMON CARRIERS AND PUBLIC UTILITIES,
    8  PRIVATE PROPERTY SHALL NOT BE TAKEN FOR USE BY PRIVATE COMMERCIAL ENTER-
    9  PRISE, FOR ECONOMIC DEVELOPMENT, OR FOR ANY OTHER  PRIVATE  USE,  EXCEPT
   10  WITH  THE  CONSENT  OF  THE  OWNER. PROPERTY SHALL NOT BE TAKEN FROM ONE
   11  OWNER AND TRANSFERRED TO ANOTHER, ON THE GROUNDS THAT  THE  PUBLIC  WILL
   12  BENEFIT FROM A MORE PROFITABLE PRIVATE USE.
   13    (C)  WHENEVER  AN  ATTEMPT  IS MADE TO TAKE PRIVATE PROPERTY FOR A USE
   14  ALLEGED TO BE PUBLIC, THE QUESTION WHETHER THE CONTEMPLATED USE BE REAL-
   15  LY PUBLIC SHALL BE A JUDICIAL QUESTION, AND DETERMINED AS  SUCH  WITHOUT
   16  REGARD TO ANY LEGISLATIVE ASSERTION THAT THE USE IS PUBLIC.
   17    S  2. Resolved (if the Senate concur), That the foregoing amendment be
   18  referred to the first regular legislative session  convening  after  the
   19  next  succeeding  general  election  of members of the assembly, and, in
   20  conformity with  section  1  of  article  19  of  the  constitution,  be
   21  published for 3 months previous to the time of such election.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD89046-01-1