Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Mar 17, 2010 |
referred to judiciary |
Assembly Bill A10296
2009-2010 Legislative Session
Sponsored By
BRENNAN
Archive: Last Bill Status - In Assembly 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
2009-A10296 (ACTIVE) - Details
- See Senate Version of this Bill:
- S4155
- Current Committee:
- Assembly Judiciary
- Law Section:
- Public Authorities Law
- Laws Affected:
- Amd Art 9 Title 6 Head, add ยง2901, Pub Auth L
- Versions Introduced in Other Legislative Sessions:
-
2011-2012:
A4927, S2332
2013-2014: A3945, S1423
2015-2016: S1261
2017-2018: S4478
2019-2020: S723
2021-2022: S3592
2023-2024: S1306
2025-2026: S2310
2009-A10296 (ACTIVE) - Sponsor Memo
BILL NUMBER:A10296 TITLE OF BILL: An act to amend the public authorities law, in relation to eminent domain in cities with a population of one million or more PURPOSE: To amend the public authorities law authorizing the city coun- cil to approve or disapprove by a majority vote any public authorities or public benefit corporation's use of eminent domain. SUMMARY OF PROVISIONS: Adds new section 2901 to the public authorities law authorizing the city council in cities with a population of one million or more to approve or disapprove by a majority vote any public authorities or public benefit corporation's use of eminent domain. The city council is also required to hold at least one official public hear- ing on the proposed action prior to voting. JUSTIFICATION: Continued scrutiny of public authorities and the recent Supreme Court eminent domain decision illustrate the need for greater local control over takings by public authorities. The continued work by the Assembly Corporations committee as well as others illustrates the fundamental problem with public authorities. They have public missions but are isolated from traditional democratic pressure, and therefore lack accountability to the people of this State. This fundamental prob- lem is evidenced in takings cases. Most authorities have eminent domain power that can be exercised even over the objection of local govern- ments. The statutory power of eminent domain coupled with the recent
2009-A10296 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 10296 I N A S S E M B L Y March 17, 2010 ___________ Introduced by M. of A. BRENNAN -- read once and referred to the Commit- tee on Judiciary AN ACT to amend the public authorities law, in relation to eminent domain in cities with a population of one million or more THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The title heading of title 6 of article 9 of the public authorities law, as added by chapter 307 of the laws of 1964 and renum- bered by chapter 838 of the laws of 1983, is amended and a new section 2901 is added to read as follows: EMINENT DOMAIN TAKING; PROPERTY OF OR BY A PUBLIC BENEFIT CORPORATION S 2901. EMINENT DOMAIN; CERTAIN CITIES. IN CITIES WITH A POPULATION OF ONE MILLION OR MORE IN WHICH ANY PART OF THE REAL PROPERTY TO BE ACQUIRED IS LOCATED, THE CITY COUNCIL SHALL HAVE THE AUTHORITY TO APPROVE OR DISAPPROVE ANY PUBLIC AUTHORITIES OR PUBLIC BENEFIT CORPO- RATION'S USE OF EMINENT DOMAIN. THE CITY COUNCIL SHALL APPROVE OR DISAP- PROVE ANY PROPOSED USE OF THE POWER OF EMINENT DOMAIN BY MAJORITY VOTE. PRIOR TO SUCH VOTE, SUCH CITY COUNCIL SHALL HOLD AT LEAST ONE OFFICIAL PUBLIC HEARING ON SUCH MATTER AT A LOCATION REASONABLY PROXIMATE TO THE PROPERTY WHICH MAY BE ACQUIRED. S 2. This act shall take effect on the ninetieth day after it shall have become a law. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10514-01-9
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