S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3295

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 26, 2009
                               ___________

Introduced  by  M.  of  A.  BRADLEY,  COLTON,  FIELDS, BENEDETTO, CLARK,
  ESPAILLAT, PERRY, LATIMER, HOOPER -- Multi-Sponsored by --  M.  of  A.
  ALFANO,  BARRA,  BRENNAN,  DelMONTE,  GALEF, LUPARDO, PAULIN, PHEFFER,
  WEISENBERG -- read once and referred to the Committee on Judiciary

AN ACT to amend the eminent domain procedure law,  in  relation  to  the
  determination of just compensation

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 501 of the eminent domain procedure law is  amended
to read as follows:
  S  501.  Jurisdiction.  (A)  The  court of claims shall have exclusive
jurisdiction to hear and determine all claims arising from the  acquisi-
tion  of  real  property by or in the name of the people of the state of
New York, or when jurisdiction is  specifically  conferred  upon  it  by
statute.
  (B)  In all claims arising from the acquisition of real property other
than as provided in subdivision (A) OR (C) of this section, the  supreme
court,  held  in  the  judicial  district where the real property or any
portion thereof is situated, shall have exclusive jurisdiction  to  hear
and  determine  all claims arising from the acquisition of real property
and shall hear such claims without a  jury  or  without  referral  to  a
referee or commissioners.
  (C)  IN  ALL CLAIMS ARISING FROM THE ACQUISITION OF REAL PROPERTY OF A
PRIVATE RESIDENCE OR OF A BUSINESS WITH GROSS RECEIPTS OF LESS THAN  ONE
MILLION  DOLLARS,  THE  OWNER OF SUCH RESIDENCE OR BUSINESS MAY ELECT TO
HAVE HIS OR HER CASE HEARD BY MEANS OF A JURY TRIAL.
  S 2. Section 512 of the eminent domain procedure  law  is  amended  to
read as follows:
  S  512.  Decision of the court OR JURY.  [The] IN NON-JURY TRIALS, THE
court, after hearing the testimony  and  weighing  the  evidence,  shall
determine  the  JUST  compensation due the condemnees for damages as the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03279-01-9
              

A. 3295                             2

result of the acquisition.  IN JURY TRIALS, THE JURY, AFTER HEARING  THE
TESTIMONY  AND  WEIGHING  THE EVIDENCE, SHALL DETERMINE THE JUST COMPEN-
SATION DUE THE CONDEMNEES AS A RESULT OF THE ACQUISITION.  FOR  PURPOSES
OF  THIS  ARTICLE,  JUST  COMPENSATION  SHALL BE MEASURED BY FAIR MARKET
REPLACEMENT VALUE, WHICH SHALL BE AT LEAST EQUAL TO THE ACTUAL  COST  OF
PURCHASING  AN EQUIVALENT PROPERTY IN A SIMILARLY SITUATED LOCATION WITH
A SIMILAR STRUCTURE ON THE PROPERTY.  FOR PURPOSES OF  DETERMINING  JUST
COMPENSATION  FOR THE TAKING OF A BUSINESS, THE RELIANCE BY THE BUSINESS
UPON THE ACTUAL LOCATION SHALL BE CONSIDERED,  INCLUDING  THE  POTENTIAL
ECONOMIC  LOSS OF THE BUSINESS'S CLIENT BASE. The court's decision shall
be in compliance with section four thousand two hundred thirteen of  the
civil practice law and rules.
  S  3.  Section  701 of the eminent domain procedure law, as amended by
chapter 771 of the laws of 1987, is amended to read as follows:
  S 701. Additional allowance.   In ALL instances [where  the  order  or
award  is substantially in excess of the amount of the condemnor's proof
and where deemed necessary by the court for  the  condemnee  to  achieve
just  and  adequate compensation] UNDER SECTION FIVE HUNDRED ONE OF THIS
CHAPTER, the court, upon application,  notice  and  an  opportunity  for
hearing,  [may in its discretion,] SHALL award to the condemnee an addi-
tional amount, separately computed and stated, for actual and  necessary
costs,   disbursements  and  expenses,  including  reasonable  attorney,
appraiser and engineer fees actually AND NECESSARILY  incurred  by  such
condemnee. The application shall include affidavits of the condemnee and
all  parties  that  have  incurred  expenses  on the condemnee's behalf,
setting forth inter alia the amount of the  expenses  incurred  AND  THE
REASONS FOR THE PERFORMANCE OF THEIR SERVICES.
  S  4.  Subdivision  (A) of section 702 of the eminent domain procedure
law is amended to read as follows:
  (A) The condemnor shall reimburse a  condemnee  an  amount  separately
computed and stated, representing the following incidental expenses:
  (1)  any  recording fees, transfer taxes and other similar expenses in
connection with the acquisition of the property by the condemnor  or  in
connection with the transfer of the property to the condemnor; and
  (2) any penalty incurred by the condemnee for prepayment of any preex-
isting  recorded  mortgage  entered into in good faith, encumbering such
property; and
  (3) the pro rata portion of the  real  property  taxes,  water  rents,
sewer  rents, special ad valorem taxes and other charges paid or payable
to a taxing entity which are allocable to a  period  subsequent  to  the
date  of vesting title or the effective date of possession of such prop-
erty in the condemnor, whichever is earlier[.]; AND
  (4) REASONABLE MOVING AND RELOCATION EXPENSES; AND
  (5) CLOSING COSTS ASSOCIATED WITH THE PURCHASE OF A NEW PROPERTY; AND
  (6) ANY INCIDENTAL COSTS INCURRED AS A RESULT OF HAVING  TO  MOVE  AND
REOPEN A BUSINESS.
  S  5.  This  act  shall take effect immediately and shall apply to any
condemnation that occurs after such effective date.