Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Feb 08, 2012 |
opinion referred to judiciary |
Jan 09, 2012 |
to attorney-general for opinion |
Jan 04, 2012 |
referred to judiciary |
Jun 24, 2011 |
committed to rules |
May 02, 2011 |
advanced to third reading |
Apr 27, 2011 |
opinion referred to judiciary |
Apr 13, 2011 |
2nd report cal. |
Apr 12, 2011 |
1st report cal.355 |
Feb 07, 2011 |
to attorney-general for opinion |
Feb 03, 2011 |
referred to judiciary |
Senate Bill S2898
2011-2012 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Judiciary 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
Votes
co-Sponsors
(R, C, IP, RFM) 24th Senate District
(R, C) Senate District
(R, C, IP) Senate District
2011-S2898 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A9209
- Current Committee:
- Senate Judiciary
- Law Section:
- Constitution, Concurrent Resolutions to Amend
- Laws Affected:
- Rpld & add Art 1 §7, Constn
- Versions Introduced in Other Legislative Sessions:
-
2009-2010:
S1504, A2985
2013-2014: S1045
2011-S2898 (ACTIVE) - Sponsor Memo
BILL NUMBER:S2898 TITLE OF BILL: 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 PURPOSE: This amendment prohibits the taking or transfer of private property to another private owner or for economic development purposes. SUMMARY OF PROVISIONS: Section 1 -- Repeals the current section 7 of article 1 of the New York State Constitution and replaces it with the following: Paragraph (a) allows private property to be taken for a public use, only. Property that is taken must be possessed and occupied by the government. Also, the government must provide just compensation to property owners whose land is taken. Paragraph (b) prohibits takings of private property for economic development purposes, use by a private business, or for any other private use. Privately owned common carriers are exempted from this provision. Additionally, state and local governments are not
2011-S2898 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2898 2011-2012 Regular Sessions I N S E N A T E February 3, 2011 ___________ Introduced by Sens. DeFRANCISCO, LANZA, LARKIN, LAVALLE, RANZENHOFER -- read twice and ordered printed, and when printed to be committed 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 Assembly concur), That section 7 of arti- cle 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 Assembly 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. LBD89046-01-1
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