Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 06, 2010 |
referred to judiciary |
Feb 19, 2009 |
opinion referred to judiciary |
Jan 26, 2009 |
to attorney-general for opinion |
Jan 22, 2009 |
referred to judiciary |
Assembly Bill A2985
2009-2010 Legislative Session
Sponsored By
CHRISTENSEN
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
Actions
2009-A2985 (ACTIVE) - Details
2009-A2985 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2985 2009-2010 Regular Sessions I N A S S E M B L Y January 22, 2009 ___________ Introduced by M. of A. CHRISTENSEN -- Multi-Sponsored by -- M. of A. RABBITT -- 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 Section 1. Resolved (if the Senate concur), That section 7 of article 1 of the constitution is REPEALED and a new section 7 of article 1 is added to read as follows: S 7. (A) WITH JUST COMPENSATION PAID, PRIVATE PROPERTY MAY BE TAKEN ONLY WHEN NECESSARY FOR THE POSSESSION, OCCUPATION, AND ENJOYMENT OF LAND BY THE PUBLIC AT LARGE, OR BY PUBLIC AGENCIES. (B) EXCEPT FOR PRIVATELY OWNED COMMON CARRIERS AND PUBLIC UTILITIES, PRIVATE PROPERTY SHALL NOT BE TAKEN FOR USE BY PRIVATE COMMERCIAL ENTER- PRISE, FOR ECONOMIC DEVELOPMENT, OR FOR ANY OTHER PRIVATE USE, EXCEPT WITH THE CONSENT OF THE OWNER. PROPERTY SHALL NOT BE TAKEN FROM ONE OWNER AND TRANSFERRED TO ANOTHER, ON THE GROUNDS THAT THE PUBLIC WILL BENEFIT FROM A MORE PROFITABLE PRIVATE USE. (C) WHENEVER AN ATTEMPT IS MADE TO TAKE PRIVATE PROPERTY FOR A USE ALLEGED TO BE PUBLIC, THE QUESTION WHETHER THE CONTEMPLATED USE BE REAL- LY PUBLIC SHALL BE A JUDICIAL QUESTION, AND DETERMINED AS SUCH WITHOUT REGARD TO ANY LEGISLATIVE ASSERTION THAT THE USE IS PUBLIC. S 2. Resolved (if the Senate concur), That the foregoing amendment be referred to the first regular legislative session convening after the next succeeding general election of members of the assembly, and, in conformity with section 1 of article 19 of the constitution, be 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. LBD89058-01-9
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