Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Mar 04, 2010 |
committee discharged and committed to corporations, authorities and commissions |
Jan 06, 2010 |
referred to finance |
Feb 04, 2009 |
referred to finance |
Senate Bill S1672
2009-2010 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Corporations, Authorities And Commissions 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, C, IP) Senate District
(R, C, IP) Senate District
(R, C, IP, RFM) 24th Senate District
(R, C) Senate District
2009-S1672 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A1650
- Current Committee:
- Senate Corporations, Authorities And Commissions
- Law Section:
- Appropriations
- Versions Introduced in 2011-2012 Legislative Session:
-
A2529
2009-S1672 (ACTIVE) - Sponsor Memo
BILL NUMBER: S1672 TITLE OF BILL : An act providing for the creation of a temporary state commission to examine eminent domain laws and make recommendations for reforms thereof and making an appropriation therefor PURPOSE OR GENERAL IDEA : To create a commission of experts to study and make recommendations concerning the state's Eminent Domain Procedure Law as well as examine the constitutional test for eminent domain. SUMMARY OF SPECIFIC PROVISIONS : Establishes a temporary commission to examine New York's eminent domain law, as well as the appropriate constitutional standard to be applied in eminent domain cases where the primary public use is economic development. JUSTIFICATION : Eminent domain is an awesome power granted to state and local governments by the state and U.S. constitutions. The exercise of eminent domain is an essential power for government to move forward on important public projects. However, investigations by the Legislature, as well as the recent United States Supreme Court decision, KELO V. CITY OF NEW LONDON , 125 S.Ct. 2655, 162 L.Ed.2d 439, 73 USLW 4552,
2009-S1672 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1672 2009-2010 Regular Sessions I N S E N A T E February 4, 2009 ___________ Introduced by Sens. FLANAGAN, BONACIC, DeFRANCISCO, LANZA, LARKIN, LITTLE, MORAHAN, VOLKER -- read twice and ordered printed, and when printed to be committed to the Committee on Finance AN ACT providing for the creation of a temporary state commission to examine eminent domain laws and make recommendations for reforms ther- eof and making an appropriation therefor THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Legislative findings and intent. The legislature hereby finds and declares that eminent domain is an important tool for govern- ment to move forward on important public projects. However, there needs to be a thorough examination to determine how public projects that are primarily economic development projects affect homeowners. There needs to be a balance between the needs of society and the constitutional power of government to exercise its eminent domain powers, and the constitutional liberty and property rights of the people. S 2. A temporary state commission, to be known as the commission on eminent domain reform, hereinafter referred to as the commission, is hereby created to examine, evaluate, and make recommendations concerning the scope and effectiveness of the eminent domain procedure law and the legislature's grant to certain public and other entities to exercise the power of eminent domain. Specifically the commission shall examine at least the following: (a) the appropriate constitutional standard for condemnation proceedings used for the economic development where private homeowners are affected; and (b) the procedural fairness of the eminent domain procedure laws. S 3. The commission shall consist of thirteen members, to be appointed as follows: three members to be appointed by the governor; three members to be appointed by the temporary president of the senate; three members to be appointed by the speaker of the assembly; one member to be EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04814-01-9
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