New York Zoning and Municipal Law Blog
At the present time there are 28 bills pending in the New York State Assembly and Senate related to condemnation of private property by government entities. The bills range from comprehensive revisions of the eminent domain law in New York to minor changes directed at specific aspects of the law. Clearly a reaction to last year’s decision by the United States Supreme Court, some of the proposed legislation, if adopted, will have a substantial impact on eminent domain for years to come. While many people believe the law requires reform, others are concerned that an over reaction will result in hampering revitalization of municipalities throughout the State.
The pending legislation, as listed on the New York State Assembly site, is listed below:
A00372 Provides for giving of just compensation upon the taking of any billboard
A02226 Requires a new public hearing for any change made to a proposed eminent domain project after the conclusion of public hearings
A02523 Relates to municipality responsibility for remedial programs involving hazardous wastes at sites owned by municipalities
A02536 Protects powers granted to municipalities concerning certain public utility services
A02761 Extends powers of municipal corporations to acquire public utilities by the power of eminent domain
A07909 Requires a thirty day notice in eminent domain procedures
A08865 Requires a vote by a local government which is considering eminent domain of a certain property
A09015 Requires a vote by a local government which is considering eminent domain of a property
A09043 Requires the preparation of a comprehensive economic development plan for the use of eminent domain when the primary purpose is economic development
A09050 Enacts comprehensive eminent domain procedure reform act to afford homeowners additional protection if homes are to be acquired for economic development; repealers
A09051 Relates to eminent domain in N.Y. city
A09060 Creates a temporary state commission to consider the scope and effectiveness ofeminent domain laws and balance society`s needs with the peoples rights; appropriation
A09079 Relates to the use of eminent domain
A09144 Relates to the use of eminent domain to take private property for the use of a private developer
A09152 Provides for the establishment of a state eminent domain ombudsman and providesfor the powers and duties thereof; enacts the “eminent domain ombudsman act”
A09171 Amends the definitions of “acquisition” and “public project” in relation to a municipality`s exercise of eminent domain
A09173 Proposes amendment of subdivision (e) of section 1 of article 9 of the constitution in relation to eminent domain powers of local governments
A09473 Alters provisions that a person be given just compensation if his or her residence or small business is taken through the eminent domain procedure
A09484 Provides for eminent domain reform and creates the “home and property protection act”; appropriation
S01335 Relates to municipality responsibility for remedial programs involving hazardous wastes at sites owned by municipalities
S01367 Protects powers granted to municipalities concerning certain public utility services
S01474 Extends powers of municipal corporations to acquire public utilities by the power of eminent domain
S03846 Provides for giving of just compensation upon the taking of any billboard
S05936 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
S05938 Relates to the use of eminent domain
S05946 Requires the preparation of a comprehensive economic development plan for the use of eminent domain when the primary purpose is economic development; creates temporary state commission; appropriation
S05949 Relates to eminent domain in cities with a population of one million or more
S06216 Creates a temporary state commission to consider the scope and effectiveness ofeminent domain laws and balance society`s needs with the peoples rights; appropriation