Bill Text: NY A11671 | 2009-2010 | General Assembly | Introduced

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Bill Title: Enables property owners to exchange easements on local roadways for easements on state highways.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-07-30 - referred to transportation [A11671 Detail]

Download: New_York-2009-A11671-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         11671
                                 I N  A S S E M B L Y
                                     July 30, 2010
                                      ___________
       Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. Gantt) --
         read once and referred to the Committee on Transportation
       AN ACT  to  amend  the  transportation  law,  in  relation  to  easement
         exchanges
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The transportation law is amended by adding a  new  section
    2  14-n to read as follows:
    3    S 14-N. EASEMENT EXCHANGE. 1. NOTWITHSTANDING ANY LAW TO THE CONTRARY,
    4  THE  COMMISSIONER  SHALL HAVE POWER TO ALLOW PROPERTY OWNERS TO EXCHANGE
    5  EASEMENTS WITH ACCESS TO LOCAL ROADWAYS FOR  EASEMENTS  WITH  ACCESS  TO
    6  STATE  HIGHWAYS,  SUCH  THAT THE POINT OF ACCESS TO STATE HIGHWAYS SHALL
    7  THEREAFTER BE OWNED BY A LOCAL GOVERNMENTAL ENTITY, AND BECOME A  PUBLIC
    8  ROAD.
    9    2.  THE  FOLLOWING  PROCESS SHALL BE UTILIZED TO APPROVE SUCH EASEMENT
   10  EXCHANGES:
   11    (A) THE LOCAL GOVERNMENT ENTITY REQUESTING AN EASEMENT EXCHANGE  SHALL
   12  CONDUCT  A  TRAFFIC  STUDY ESTABLISHING A NEED FOR A NEW POINT OF ACCESS
   13  AND FORWARD THAT STUDY TO THE COMMISSIONER;
   14    (B) THE LOCAL GOVERNMENT ENTITY REQUESTING AN EASEMENT EXCHANGE  SHALL
   15  PREPARE  A  LAND  USE  PLAN THAT ESTABLISHES THE NEED FOR A NEW POINT OF
   16  ACCESS, PREPARE AND VOTE IN FAVOR OF A RESOLUTION  SUPPORTING  THE  LAND
   17  USE PLAN, AND FORWARD BOTH DOCUMENTS TO THE COMMISSIONER; AND
   18    (C)  THE COMMISSIONER SHALL REVIEW ALL REQUIRED MATERIALS AND RENDER A
   19  JUDGMENT WITHIN SIXTY DAYS.
   20    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD17970-01-0