Bill Text: NY S02931 | 2021-2022 | General Assembly | Introduced
Bill Title: Requires the preparation of a comprehensive economic development plan for the use of eminent domain when the primary purpose is economic development and certain residential premises are to be acquired; requires municipal approval of the exercise of eminent domain power in such cases; enacts the "eminent domain reform act".
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-01-05 - REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS [S02931 Detail]
Download: New_York-2021-S02931-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2931 2021-2022 Regular Sessions IN SENATE January 26, 2021 ___________ Introduced by Sen. PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Commerce, Economic Devel- opment and Small Business AN ACT to amend the public authorities law, the not-for-profit corpo- ration law, the general municipal law and the eminent domain procedure law, in relation to eminent domain reform The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "eminent domain reform act". 3 § 2. The public authorities law is amended by adding a new section 4 1831-b to read as follows: 5 § 1831-b. Exercise of power of eminent domain; limitations. The local 6 legislative body of each city, town, or village in which the authority 7 seeks to exercise the power of eminent domain shall have the authority 8 to approve or disapprove any exercise of such power by the authority. 9 Every such local legislative body shall approve or disapprove any exer- 10 cise of such power by majority vote. Where applicable in the enactment 11 of local laws, the chief executive officer of such locality if the 12 office of such chief executive officer is elective shall approve or 13 disapprove such local legislative body's decision, subject to any appli- 14 cable right to override. 15 § 3. Paragraph (i) of section 1411 of the not-for-profit corporation 16 law is relettered paragraph (j) and a new paragraph (i) is added to read 17 as follows: 18 (i) Municipal input. 19 The local legislative body of each city, town, or village in which any 20 part of the real property to be acquired is located shall have the 21 authority to approve or disapprove any corporation's use of eminent 22 domain. Each such local legislative body shall approve or disapprove any 23 proposed corporate use of the power of eminent domain by majority vote. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00048-01-1S. 2931 2 1 Where applicable in the enactment of local laws, the chief executive 2 officer of such locality if the office of such chief executive officer 3 is elective shall approve or disapprove such governing body's decision, 4 subject to any applicable right to override. 5 § 4. The general municipal law is amended by adding a new section 6 858-c to read as follows: 7 § 858-c. Municipal input. The governing body of each city, town, or 8 village for whose benefit, in whole or in part, an agency is established 9 shall have the authority to approve or disapprove any agency use of 10 eminent domain. Each such governing body shall approve or disapprove the 11 use of eminent domain by majority vote. Where applicable in the enact- 12 ment of local laws, the chief executive officer of such locality if the 13 office of such chief executive officer is elective shall approve or 14 disapprove such governing body's decision, subject to any applicable 15 right to override. 16 § 5. Section 103 of the eminent domain procedure law is amended by 17 adding two new subdivisions (H) and (I) to read as follows: 18 (H) "Economic development project" means any project for which acqui- 19 sition of real property may be required for a public use, benefit, or 20 purpose where such public use, benefit, or purpose is primarily for 21 economic development and where the condemnee's real property is a home 22 or dwelling. 23 (I) For the purposes of article two of this chapter: 24 (1) "Home" means owner-occupied residential premises consisting of not 25 more than six dwelling units. 26 (2) "Dwelling" means residential premises consisting of not more than 27 thirty dwelling units, none of which is occupied by an owner of such 28 premises. 29 (3) In the case of cooperative apartment corporations, title to that 30 portion of real property owned by a cooperative apartment corporation in 31 which a tenant-stockholder of such corporation resides, and which is 32 represented by his or her share or shares of stock in such corporation 33 as determined by its or their proportional relationship to the total 34 outstanding stock of the corporation, including that owned by the corpo- 35 ration, shall be deemed to be vested in such tenant-stockholder notwith- 36 standing the number of dwelling units in such residential premises, thus 37 qualifying a cooperative apartment as a home. 38 § 6. Subdivision (B) of section 204 of the eminent domain procedure 39 law is amended to read as follows: 40 (B) The condemnor, in its determination and findings, shall specify, 41 but shall not be limited to the following: 42 (1) the public use, benefit or purpose to be served by the proposed 43 public project; 44 (2) the approximate location for the proposed public project and the 45 reasons for the selection of that location; 46 (3) the general effect of the proposed project on the environment and 47 residents of the locality; 48 (4) a declaration to such effect if the primary public purpose is 49 determined to be for economic development where one or more condemnees' 50 homes or dwellings are to be affected; and 51 (5) such other factors as it considers relevant. 52 § 7. The eminent domain procedure law is amended by adding a new 53 section 204-a to read as follows: 54 § 204-a. Economic development condemnation findings and homeowner 55 protection. (A) If the condemnor determines pursuant to paragraph four 56 of subdivision (B) of section two hundred four of this article that theS. 2931 3 1 primary public purpose or benefit is for economic development, the 2 condemnor, in cooperation with the government of the locality in which 3 the real property to be acquired is located shall prepare a comprehen- 4 sive economic development plan for the affected area. The comprehensive 5 economic development plan shall include, but not be limited to, the 6 actual or expected benefits of the project, including the expected 7 increased tax revenue or expected creation of jobs, the types of busi- 8 nesses or industry that will use the condemned property, and alterna- 9 tives to the plan. When a draft comprehensive economic development plan 10 is created, the condemnor, in cooperation with the government of the 11 locality in which the real property to be acquired is located shall hold 12 at least one public hearing to compile and analyze public input. The 13 public hearing shall be held in accordance with the provisions of this 14 article at a location reasonably proximate to the real property which 15 may be acquired for such project. Thereafter, the condemnor shall 16 complete a final comprehensive economic development plan to be submitted 17 to the local legislative body, subject to any applicable right to over- 18 ride for its approval. To move forward with the project, the local 19 legislative body must approve the plan by a majority vote, and it must 20 also be approved by the chief executive officer of such locality if the 21 office of such chief executive officer is elective. 22 (B) The condemnor shall also create a homeowner impact assessment 23 statement. The condemnor, in the homeowner impact assessment statement, 24 shall assess the actual harm to affected condemnees' that would lose 25 their homes or dwellings and compare such harm with the reasonably 26 expected community benefits, including but not limited to how the 27 condemnor justifies the taking of the condemnees' homes or dwellings. 28 The homeowner impact assessment statement shall be completed simultane- 29 ously with the comprehensive economic development plan under subdivision 30 (A) of this section. The homeowner impact assessment statement shall be 31 made widely available. 32 (C) In cases where a condemnee's home or dwelling is acquired for an 33 economic development project, the condemnor shall, in addition to any 34 other compensation requirements under this article, compensate the 35 condemnee a minimum of one hundred fifty percent of the fair market 36 value of the real property. Residents who are displaced by the economic 37 development project shall also be compensated at least one hundred fifty 38 percent of the annual rent of such dwelling. 39 § 8. Subdivision (A) of section 207 of the eminent domain procedure 40 law, as amended by chapter 356 of the laws of 1982, is amended to read 41 as follows: 42 (A) Any person or persons jointly or severally, aggrieved by the 43 condemnor's determination and findings made pursuant to section two 44 hundred four of this article, may seek judicial review thereof by the 45 appellate division of the supreme court, in the judicial department 46 embracing the county wherein the proposed facility is located by the 47 filing of a petition in such court within [thirty] ninety days after the 48 condemnor's completion of its publication of its determination and find- 49 ings pursuant to section two hundred four [herein] of this article. Such 50 petition shall be accompanied by proof of service of a demand on the 51 condemnor to file with said court a copy of a written transcript of the 52 record of the proceeding before it, and a copy of its determination and 53 findings. Upon receipt of such petition and demand, the condemnor shall 54 forthwith deliver to the court a copy of the record and a copy of its 55 determination and findings. The proceeding shall be heard on the record 56 without requirement of reproduction. If such proposed public improvementS. 2931 4 1 is located in more than one judicial department, such proceeding may be 2 brought in any one, but only one, of such departments, and all such 3 proceedings with relation to any single public project shall be consol- 4 idated with that first filed. If the condemnor substantially alters the 5 scope of the project or the determination and findings, then the condem- 6 nee shall have an additional ninety days from the condemnor's publica- 7 tion of such alteration, which publication is hereby required, to seek 8 judicial review under this section. 9 § 9. This act shall take effect on the one hundred twentieth day after 10 it shall have become a law.
