Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 06, 2010 |
referred to transportation |
Feb 04, 2009 |
referred to transportation |
Senate Bill S1670
2009-2010 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Transportation 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
(R) Senate District
2009-S1670 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A1570
- Current Committee:
- Senate Transportation
- Law Section:
- Transportation Law
- Laws Affected:
- Add §23, Transp L
- Versions Introduced in 2011-2012 Legislative Session:
-
S4683, A2525
2009-S1670 (ACTIVE) - Summary
Provides for the establishment of a state eminent domain ombudsman and provides for the powers and duties thereof; assists in the development of guidelines and analyzes actions with potential eminent domain implications; provides information to citizens regarding rights and responsibilities.
2009-S1670 (ACTIVE) - Sponsor Memo
BILL NUMBER: S1670 TITLE OF BILL : An act to amend the transportation law, in relation to enacting the "eminent domain ombudsman act" PURPOSE OR GENERAL IDEA OF BILL : This bill would create an Eminent Domain Ombudsman to help citizens understand the state's eminent domain process as well act as a mediator between affected citizens and government entities. SUMMARY OF SPECIFIC PROVISIONS : The bill would add a new §23 to the Transportation Law. Specifically: * The ombudsman would be appointed by the commissioner. * The ombudsman will be required to: * have expertise about the Eminent Domain Law. * work with state agencies and local governments in developing fair condemnation guidelines, * assist government with analyzing actions with eminent domains implications, * advise property owners who have a claim,
2009-S1670 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1670 2009-2010 Regular Sessions I N S E N A T E February 4, 2009 ___________ Introduced by Sens. FLANAGAN, MAZIARZ -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation AN ACT to amend the transportation law, in relation to enacting the "eminent domain ombudsman act" THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Short title. This act shall be known and may be referred to as the "eminent domain ombudsman act". S 2. The transportation law is amended by adding a new section 23 to read as follows: S 23. EMINENT DOMAIN OMBUDSMAN; POWERS; ARBITRATION PROCEDURES. 1. AS USED IN THIS SECTION: (A) "CONDEMNATION" OR "TAKING" MEANS A GOVERNMENTAL ACTION THAT RESULTS IN A TAKING OF PRIVATE PROPERTY SO THAT COMPENSATION TO THE OWNER OF THE PROPERTY IS REQUIRED BY: (I) THE FIFTH OR FOURTEENTH AMENDMENT OF THE CONSTITUTION OF THE UNITED STATES; OR (II) THE STATE CONSTITUTION UNDER ARTICLE I, SECTION 7 OR ANY OTHER LEGAL PROVISION HAVING TO DO WITH EMINENT DOMAIN. (B) "TAKINGS LAW" MEANS THE PROVISIONS OF THE FEDERAL AND STATE CONSTITUTIONS, THE CASE LAW INTERPRETING THOSE PROVISIONS, AND ANY RELE- VANT STATUTORY PROVISIONS THAT REQUIRE A GOVERNMENTAL UNIT TO COMPENSATE A PRIVATE PROPERTY OWNER FOR A TAKING. 2. (A) THERE IS CREATED AN EMINENT DOMAIN OMBUDSMAN IN THE DEPARTMENT. (B) THE COMMISSIONER SHALL APPOINT A PERSON WITH BACKGROUND OR EXPER- TISE IN TAKINGS LAW TO THE POSITION. (C) THE POSITION IS AN EXEMPT POSITION. (D) THE COMMISSIONER MAY EMPLOY CLERKS, INTERNS, OR OTHER PERSONNEL TO ASSIST THE EMINENT DOMAIN OMBUDSMAN. 3. THE EMINENT DOMAIN OMBUDSMAN SHALL: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04813-01-9
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.