Provides that the power of eminent domain shall only be exercised for economic development purposes when the area for economic development is a blighted area.

---

S1487-2013 Actions

• Jan 9, 2013: REFERRED TO JUDICIARY

S1487-2013 Memo

BILL NUMBER:S1487

TITLE OF BILL:
An act
to amend the eminent domain procedure law, in relation to the exercise
of the power of eminent domain to develop blighted areas of the state

PURPOSE: This bill provides that the power of eminent
domain shall
only be exercised for economic development purposes when the area for
economic development is a blighted area.

SUMMARY OF PROVISIONS: Subdivision G of section 103
of the eminent
domain procedure law is amended and a new subdivision H is added to
provide that the power of eminent domain shall only be exercised for
economic development purposes when the area for economic development
is a blighted area.

JUSTIFICATION: Recently the United States Supreme
Court condoned the
taking of private property by a government through eminent domain for
economic purposes. This decision grants far-reaching power for a
government entity over individual property owners.

In order to protect New York State property owners, this legislation
installs a safeguard that insures that when a government invokes
eminent domain for economic purposes, it is only done in blighted
areas. Eminent domain power should never be viewed as a quick fix for
an economically challenged locality and certainly never for the sole
purpose of increasing the tax base at the expense of a legitimate
property owner.

This legislation creates the necessary restrictions on New York State
Eminent Domain Law for the purposes of economic development.

LEGISLATIVE HISTORY: S.612 of 2007/2008; S.591 of
2009/10. S.931 of 2011/12

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:
This act shall take effect on the first of January next
succeeding the date on which it shall have become a law.

S1487-2013 Text

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

                                    1487

                         2013-2014 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 9, 2013
                                 ___________

  Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
    when printed to be committed to the Committee on Judiciary

  AN ACT to amend the eminent domain procedure law,  in  relation  to  the
    exercise  of  the power of eminent domain to develop blighted areas of
    the state

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


    Section 1. Subdivision (G) of section 103 of the eminent domain proce-
  dure  law  is  amended  and  a  new  subdivision (H) is added to read as
  follows:

    (G) "Public project" means any program or project for  which  acquisi-
  tion  of  property may be required for a public use, benefit or purpose,
  PROVIDED THAT WHERE THE PURPOSE OF SUCH PROGRAM OR PROJECT IS TO PROVIDE
  ECONOMIC DEVELOPMENT IN AN AREA OF THE STATE, THE TERM "PUBLIC  PROJECT"
  SHALL  BE  LIMITED  TO  ANY  PROGRAM OR PROJECT FOR WHICH ACQUISITION OF
  PROPERTY MAY BE REQUIRED TO PROVIDE ECONOMIC DEVELOPMENT IN  A  BLIGHTED
  AREA OF THE STATE.
    (H)  "BLIGHTED AREA" MEANS AN AREA IN WHICH ONE OR BOTH OF THE FOLLOW-
  ING CONDITIONS EXIST: (I) A PREDOMINANCE  OF  BUILDINGS  AND  STRUCTURES
  WHICH  ARE DETERIORATED OR UNFIT OR UNSAFE FOR USE OR OCCUPANCY; OR (II)
  A PREDOMINANCE OF ECONOMICALLY UNPRODUCTIVE LANDS, BUILDINGS  OR  STRUC-
  TURES,  THE  REDEVELOPMENT OF WHICH IS NEEDED TO PREVENT FURTHER DETERI-
  ORATION WHICH WOULD JEOPARDIZE THE ECONOMIC WELL-BEING OF THE PEOPLE.
    S 2. This act shall take effect on the first of January next  succeed-
  ing the date on which it shall have become a law.


   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD03245-01-3