S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   385

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced by M. of A. PAULIN, COLTON, BENEDETTO, CLARK, PERRY, LATIMER,
  HOOPER,  JAFFEE  --  Multi-Sponsored  by  --  M. of A. BRENNAN, GALEF,
  LUPARDO, PHEFFER, WEISENBERG -- read once and referred to the  Commit-
  tee 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD00893-01-1

A. 385                              2

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-
SATION  DUE THE CONDEMNEES AS A RESULT OF THE ACQUISITION.  FOR PURPOSES
OF THIS ARTICLE, JUST COMPENSATION SHALL  BE  MEASURED  BY  FAIR  MARKET
REPLACEMENT  VALUE,  WHICH SHALL BE AT LEAST EQUAL TO THE ACTUAL COST OF
PURCHASING AN EQUIVALENT PROPERTY IN A SIMILARLY SITUATED LOCATION  WITH
A  SIMILAR  STRUCTURE ON THE PROPERTY.  FOR PURPOSES OF DETERMINING JUST
COMPENSATION FOR THE TAKING OF A BUSINESS, THE RELIANCE BY THE  BUSINESS
UPON  THE  ACTUAL  LOCATION SHALL BE CONSIDERED, INCLUDING THE POTENTIAL
ECONOMIC LOSS OF THE BUSINESS'S CLIENT BASE. The court's decision  shall
be  in compliance with section four thousand two hundred thirteen of the
civil practice law and rules.
  S 3. Section 701 of the eminent domain procedure law,  as  amended  by
chapter 771 of the laws of 1987, is amended to read as follows:
  S  701.  Additional  allowance.   In ALL instances [where the order or
award is substantially in excess of the amount of the condemnor's  proof
and  where  deemed  necessary  by the court for the condemnee to achieve
just and adequate compensation] UNDER SECTION FIVE HUNDRED ONE  OF  THIS
CHAPTER,  the  court,  upon  application,  notice and an opportunity for
hearing, [may in its discretion,] SHALL award to the condemnee an  addi-
tional  amount, separately computed and stated, for actual and necessary
costs,  disbursements  and  expenses,  including  reasonable   attorney,
appraiser  and  engineer  fees actually AND NECESSARILY incurred by such
condemnee. The application shall include affidavits of the condemnee and
all parties that have  incurred  expenses  on  the  condemnee's  behalf,
setting  forth  inter  alia  the amount of the expenses incurred AND THE
REASONS FOR THE PERFORMANCE OF THEIR SERVICES.
  S 4. Subdivision (A) of section 702 of the  eminent  domain  procedure
law is amended to read as follows:
  (A)  The  condemnor  shall  reimburse a condemnee an amount separately
computed and stated, representing the following incidental expenses:
  (1) any recording fees, transfer taxes and other similar  expenses  in
connection  with  the acquisition of the property by the condemnor or in
connection with the transfer of the property to the condemnor; and
  (2) any penalty incurred by the condemnee for prepayment of any preex-
isting recorded mortgage entered into in good  faith,  encumbering  such
property; and
  (3)  the  pro  rata  portion  of the real property taxes, water rents,
sewer rents, special ad valorem taxes and other charges paid or  payable
to  a  taxing  entity  which are allocable to a period subsequent to the
date of vesting title or the effective date of possession of such  prop-
erty in the condemnor, whichever is earlier[.]; AND
  (4) REASONABLE MOVING AND RELOCATION EXPENSES; AND
  (5) CLOSING COSTS ASSOCIATED WITH THE PURCHASE OF A NEW PROPERTY; AND
  (6)  ANY  INCIDENTAL  COSTS INCURRED AS A RESULT OF HAVING TO MOVE AND
REOPEN A BUSINESS.
  S 5. This act shall take effect immediately and  shall  apply  to  any
condemnation that occurs after such effective date.