Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 04, 2012 |
referred to judiciary |
Jan 19, 2011 |
referred to judiciary |
Assembly Bill A2525
2011-2012 Legislative Session
Sponsored By
JEFFRIES
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
Ronald Canestrari
Donna Lupardo
RoAnn Destito
Daniel O'Donnell
multi-Sponsors
Kevin Cahill
William Colton
Vivian Cook
Herman D. Farrell
2011-A2525 (ACTIVE) - Details
2011-A2525 (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.
2011-A2525 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2525 2011-2012 Regular Sessions I N A S S E M B L Y January 19, 2011 ___________ Introduced by M. of A. JEFFRIES, CANESTRARI, LUPARDO, DESTITO, O'DONNELL, MAISEL, PRETLOW, CLARK, MILLMAN, HOYT -- Multi-Sponsored by -- M. of A. CAHILL, COLTON, COOK, FARRELL, GLICK, GOTTFRIED, HEASTIE, JACOBS, LATIMER, LAVINE, PEOPLES-STOKES, PERRY, PHEFFER, ROSENTHAL, SWEENEY, TITUS, WEISENBERG -- read once and referred to the Committee on Judiciary 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. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06910-01-1
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