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BILL NUMBER:S1423

TITLE OF BILL: An act to amend the public authorities law, in relation to eminent domain in cities with a population of one million or more

PURPOSE: To amend the public authorities law authorizing the city council to approve or disapprove by a majority vote any public authorities or public benefit corporation's use of eminent domain.

SUMMARY OF PROVISIONS: Adds new section 2901 to the public authorities law authorizing the city council in cities with a population of one million or more to approve or disapprove by a majority vote any public authorities or public benefit corporation's use of eminent domain. The city council is also required to hold at least one official public hearing on the proposed action prior to voting.

JUSTIFICATION: Continued scrutiny of public authorities and discussion over the implications of Supreme Court precedent which have widened the use of eminent domain illustrate the need for greater local control over takings by public authorities. Public authorities have public missions but are isolated from traditional democratic pressure, and therefore lack accountability to the people of this State. Many authorities even have eminent domain power that can be exercised over the objection of local governments. This dynamic was not contemplated by the founders when they placed limits on the use of eminent domain.

This bill would safeguard the interests of the public and communities around this state by adding more traditional democratic control and oversight over the use of takings by public authorities. This bill would ensure that use of eminent domain by public authorities is adequately scrutinized by local elected officials and that the public has an opportunity to comment on projects/proposals that impact on their quality of life.

LEGISLATIVE HISTORY: First introduced in 2005. 2011-2012: S.2332 - Died in Committee

FISCAL IMPLICATIONS: Not known.

EFFECTIVE DATE: This act shall take effect on the ninetieth day after it becomes law.

Text

STATE OF NEW YORK
________________________________________________________________________

1423

2013-2014 Regular Sessions

IN SENATE

(PREFILED)

January 9, 2013
___________

Introduced  by Sens. MONTGOMERY, HASSELL-THOMPSON, KRUEGER -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on Corporations, Authorities and Commissions

AN ACT to amend the public  authorities  law,  in  relation  to  eminent
  domain in cities with a population of one million or more

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

  Section 1. The title heading of title 6 of article  9  of  the  public
authorities  law,  as  added by chapter 307 of the laws of 1964 and such
title as renumbered by chapter 838 of the laws of 1983, is amended and a
new section 2901 is added to read as follows:
             EMINENT DOMAIN TAKING; PROPERTY OF OR BY A PUBLIC
                           BENEFIT CORPORATION
  S 2901. EMINENT DOMAIN; CERTAIN CITIES. IN CITIES WITH A POPULATION OF
ONE MILLION OR MORE IN WHICH  ANY  PART  OF  THE  REAL  PROPERTY  TO  BE
ACQUIRED  IS  LOCATED,  THE  CITY  COUNCIL  SHALL  HAVE THE AUTHORITY TO
APPROVE OR DISAPPROVE ANY PUBLIC AUTHORITIES OR  PUBLIC  BENEFIT  CORPO-
RATION'S USE OF EMINENT DOMAIN. THE CITY COUNCIL SHALL APPROVE OR DISAP-
PROVE  ANY PROPOSED USE OF THE POWER OF EMINENT DOMAIN BY MAJORITY VOTE.
PRIOR TO SUCH VOTE, SUCH CITY COUNCIL SHALL HOLD AT LEAST  ONE  OFFICIAL
PUBLIC  HEARING ON SUCH MATTER AT A LOCATION REASONABLY PROXIMATE TO THE
PROPERTY WHICH MAY BE ACQUIRED.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04016-01-3