This bill has been amended

Bill S6448-2013

Dispenses with the need for public hearings on the acquisition of certain parcels of property through the eminent domain process

Authorizes the city of New York to acquire by eminent domain a certain parcel of real property in the borough of Brooklyn for a public project.

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  • Jan 24, 2014: REFERRED TO JUDICIARY

Memo

BILL NUMBER:S6448

TITLE OF BILL: An act to amend the eminent domain procedure law, in relation to an expedited process for certain buildings

PURPOSE:

Dispenses with the need for public hearings on the acquisition of certain parcels of property through the eminent domain process.

SUMMARY OF SPECIFIC PROVISIONS:

*Section 201 of the eminent domain procedure law, as amended by chapter 356 of the laws of 1982, is amended.

*Subdivision (A) if section 204 of the eminent domain procedure law, as amended by chapter 356 of the laws of 1982, is amended.

*Section 206 of the eminent domain procedure law is amended by adding a new subdivision (F).

JUSTIFICATION:

This bill shall allow an expedited eminent domain process to proceed if the property subject to eminent domain action has been built with substantial public funds for the express purpose of serving the public good. If a government entity has invested substantial taxpayer funding to allow the construction of a property for the express purpose of providing important social and community services to a community, the government must have the right to acquire such property to preserve its investment and to continue its use for public benefit. This legislation seeks to protect the public's substantial financial interest in the property and presumes that substantial government financial investment in such property warrants government ownership especially when an individual or corporation seek to exploit that investment for another use for which it was never intended.

LEGISLATIVE HISTORY:

New legislation.

EFFECTIVE DATE:

Immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 6448 IN SENATE January 24, 2014 ___________
Introduced by Sen. DILAN -- 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 an expedited process for certain buildings THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 201 of the eminent domain procedure law, as amended by chapter 356 of the laws of 1982, is amended to read as follows: S 201. Public hearings. Except as provided herein, prior to acquisi- tion, the condemnor, in order to inform the public and to review the public use to be served by a proposed public project and the impact on the environment and residents of the locality where such project will be constructed, shall conduct a public hearing in accordance with the provisions of this article at a location reasonably proximate to the property which may be acquired for such project. NO HEARING SHALL BE REQUIRED FOR THE ACQUISITION OF A BUILDING THAT HAS BEEN BUILT WITH PUBLIC FUNDS OR THAT HAS BEEN SOLELY OCCUPIED BY A PUBLIC ENTITY OR PUBLIC BENEFIT ORGANIZATION FOR THE PAST TWENTY-FIVE YEARS. S 2. Subdivision (A) of section 204 of the eminent domain procedure law, as amended by chapter 356 of the laws of 1982, is amended to read as follows: (A) The condemnor, within ninety days after the conclusion of the public hearings held pursuant to this article, OR IMMEDIATELY FOR ANY BUILDING BUILT OR OCCUPIED BY A PUBLIC ENTITY OR PUBLIC BENEFIT ORGAN- IZATION AS STATED IN SECTION TWO HUNDRED ONE OF THIS ARTICLE, shall make its determination and findings concerning the proposed public project and shall publish a brief synopsis of such determination and findings in at least two successive issues of an official newspaper if there is one designated in the locality where the project will be situated and in at least two successive issues of a newspaper of general circulation in such locality. If the official newspaper is one of general circulation in such locality, publication therein as specified shall be deemed sufficient compliance. The synopsis shall include those factors set forth in subdivision (B) herein, and shall also state that copies of the
determination and findings will be forwarded upon written request with- out cost. S 3. Section 206 of the eminent domain procedure law is amended by adding a new subdivision (F) to read as follows: (F) WHEN THE BUILDING SOUGHT TO BE ACQUIRED HAS BEEN BUILT WITH PUBLIC FUNDS OR HAS BEEN SOLELY OCCUPIED BY A PUBLIC ENTITY OR PUBLIC BENEFIT ORGANIZATION FOR THE PAST TWENTY-FIVE YEARS. S 4. This act shall take effect immediately.

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