Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 06, 2010 |
referred to judiciary |
Assembly Bill A9483
2009-2010 Legislative Session
Sponsored By
PAULIN
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
co-Sponsors
William Colton
Ginny Fields
Michael Benedetto
Barbara Clark
multi-Sponsors
Thomas Alfano
Robert Barra
James F. Brennan
Francine DelMonte
2009-A9483 (ACTIVE) - Details
- Current Committee:
- Assembly Judiciary
- Law Section:
- Eminent Domain Procedure Law
- Laws Affected:
- Amd ยงยง501, 512, 701 & 702, EDP L
- Versions Introduced in 2011-2012 Legislative Session:
-
A385
2009-A9483 (ACTIVE) - Summary
Alters provisions that a person be given just compensation if his or her residence or small business is taken through the eminent domain procedure; provides that all such claims relating to the amount of just compensation be resolved through a jury trial; provides that a condemnee be compensated for attorney's fees, court costs, and moving expenses.
2009-A9483 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 9483 I N A S S E M B L Y (PREFILED) January 6, 2010 ___________ Introduced by M. of A. PAULIN, COLTON, FIELDS, BENEDETTO, CLARK, ESPAIL- LAT, PERRY, LATIMER, HOOPER, JAFFEE, SKARTADOS -- Multi-Sponsored by -- M. of A. ALFANO, BARRA, BRENNAN, DelMONTE, GALEF, LUPARDO, 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 result of the acquisition. IN JURY TRIALS, THE JURY, AFTER HEARING THE TESTIMONY AND WEIGHING THE EVIDENCE, SHALL DETERMINE THE JUST COMPEN- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
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