Assembly Bill A1570

2009-2010 Legislative Session

Provides for the establishment of a state eminent domain ombudsman and provides for the powers and duties thereof; enacts the "eminent domain ombudsman act"

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2009-A1570 (ACTIVE) - Details

See Senate Version of this Bill:
S1670
Current Committee:
Assembly Judiciary
Law Section:
Transportation Law
Laws Affected:
Add §23, Transp L
Versions Introduced in 2011-2012 Legislative Session:
A2525, S4683

2009-A1570 (ACTIVE) - Summary

Provides for the establishment of a state eminent domain ombudsman and provides for the powers and duties thereof; assists in the development of guidelines and analyzes actions with potential eminent domain implications; provides information to citizens regarding rights and responsibilities.

2009-A1570 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1570

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M.  of A. BRODSKY, CANESTRARI, LUPARDO, DESTITO, FIELDS,
  KOON, O'DONNELL, MAISEL, PRETLOW, CLARK, MILLMAN, HOYT --  Multi-Spon-
  sored  by -- M. of A.  BENJAMIN, CAHILL, COLTON, COOK, DelMONTE, DIAZ,
  FARRELL, GLICK, GOTTFRIED, GREENE, HEASTIE, JACOBS,  LATIMER,  LAVINE,
  PEOPLES, PERRY, PHEFFER, REILLY, ROSENTHAL, SWEENEY, TITUS, WEISENBERG
  -- read once and referred to the Committee on Judiciary

AN  ACT  to  amend  the  transportation law, in relation to enacting the
  "eminent domain ombudsman act"

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Short title. This act shall be known and may be referred to
as the "eminent domain ombudsman act".
  S  2.  The transportation law is amended by adding a new section 23 to
read as follows:
  S 23. EMINENT DOMAIN OMBUDSMAN; POWERS; ARBITRATION PROCEDURES.  1. AS
USED IN THIS SECTION:
  (A) "CONDEMNATION"  OR  "TAKING"  MEANS  A  GOVERNMENTAL  ACTION  THAT
RESULTS  IN  A  TAKING  OF  PRIVATE PROPERTY SO THAT COMPENSATION TO THE
OWNER OF THE PROPERTY IS REQUIRED BY:
  (I) THE FIFTH OR FOURTEENTH  AMENDMENT  OF  THE  CONSTITUTION  OF  THE
UNITED STATES; OR
  (II)  THE  STATE  CONSTITUTION UNDER ARTICLE I, SECTION 7 OR ANY OTHER
LEGAL PROVISION HAVING TO DO WITH EMINENT DOMAIN.
  (B) "TAKINGS LAW" MEANS  THE  PROVISIONS  OF  THE  FEDERAL  AND  STATE
CONSTITUTIONS, THE CASE LAW INTERPRETING THOSE PROVISIONS, AND ANY RELE-
VANT STATUTORY PROVISIONS THAT REQUIRE A GOVERNMENTAL UNIT TO COMPENSATE
A PRIVATE PROPERTY OWNER FOR A TAKING.
  2. (A) THERE IS CREATED AN EMINENT DOMAIN OMBUDSMAN IN THE DEPARTMENT.
  (B)  THE COMMISSIONER SHALL APPOINT A PERSON WITH BACKGROUND OR EXPER-
TISE IN TAKINGS LAW TO THE POSITION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

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