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.
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.5936 of 2006 S.612 of 2007/2008 S.591 of 2009/2010
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.
STATE OF NEW YORK ________________________________________________________________________ 931 2011-2012 Regular Sessions IN SENATE (PREFILED) January 5, 2011 ___________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. LBD04401-01-1