Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Feb 19, 2014 |
opinion referred to judiciary |
Jan 13, 2014 |
to attorney-general for opinion |
Jan 08, 2014 |
referred to judiciary |
Feb 06, 2013 |
opinion referred to judiciary |
Jan 11, 2013 |
to attorney-general for opinion |
Jan 09, 2013 |
referred to judiciary |
Senate Bill S1045
2013-2014 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
2013-S1045 (ACTIVE) - Details
- 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
2011-2012: S2898
2013-S1045 (ACTIVE) - Sponsor Memo
BILL NUMBER:S1045 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
2013-S1045 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1045 2013-2014 Regular Sessions I N S E N A T E (PREFILED) January 9, 2013 ___________ Introduced by Sen. DeFRANCISCO -- 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. LBD89053-01-3
Comments
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.