Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 04, 2012 |
referred to transportation |
Apr 29, 2011 |
referred to transportation |
Senate Bill S4919
2011-2012 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
2011-S4919 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A9924
- Current Committee:
- Senate Transportation
- Law Section:
- Highway Law
- Laws Affected:
- Amd §§118, 118-b & 120, rpld §§121 - 123, Hway L
- Versions Introduced in 2013-2014 Legislative Session:
-
A652
2011-S4919 (ACTIVE) - Sponsor Memo
BILL NUMBER:S4919 TITLE OF BILL: An act to amend the highway law, in relation to requiring county highway acquisitions to be made pursuant to the eminent domain procedure law; and to repeal sections 121, 122 and 123 of such law relating thereto PURPOSE: To amend and repeal certain nullified provisions of the Highway Law that are inconsistent with the Eminent Domain Procedure Law ("EDPL") which was adopted in 1978 and which was intended to be the exclusive means whereby property was taken via eminent domain in New York State. SUMMARY OF PROVISIONS: This bill would amend Highway Law §§118 and 118-b to incorporate reference to the EDPL; repeal Highway Law § 120 and its companion Highway Law §§121-123 which relate to the acquisition of property and compensation by the now-defunct commissioners of appraisal; and introduce new Highway Law § 120 requiring that acquisition for county highway purposes be made pursuant to the EDPL. JUSTIFICATION: In 1978, the legislature passed the EDPL, nullifying
2011-S4919 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4919 2011-2012 Regular Sessions I N S E N A T E April 29, 2011 ___________ Introduced by Sen. DeFRANCISCO -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation AN ACT to amend the highway law, in relation to requiring county highway acquisitions to be made pursuant to the eminent domain procedure law; and to repeal sections 121, 122 and 123 of such law relating thereto THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivisions 1, 2, 3, 4, 6 and 7 of section 118 of the highway law, subdivisions 1, 2 and 3 as added by chapter 786 of the laws of 1944, subdivision 4 as amended by chapter 1110 of the laws of 1971, subdivision 6 as added by chapter 258 of the laws of 1953 and subdivi- sion 7 as added by chapter 913 of the laws of 1960, are amended to read as follows: 1. If a county road, proposed to be constructed or improved as provided in this article, or which shall have been heretofore constructed, or which it is proposed to repair or reconstruct as provided in this article or in which it is proposed to change the course of a dangerous section thereof, shall deviate from the line of a highway already existing, the board of supervisors of the county where such highway is located shall provide the requisite right-of-way prior to the advertisement for proposals. The execution by the property owner of an option to purchase, or of a release or agreement giving the county the right to enter and occupy property for highway purposes shall be deemed to be a sufficient acquisition of right-of-way under this article, and upon the certification of the board of supervisors that the county has secured such options, releases or agreements from the reputed owners of all parcels of right-of-way called for by the plans, the county super- intendent may proceed to advertise for proposals for the improvement. The board of supervisors shall also secure all necessary rights-of-way for drains or ditches required to properly drain the highway either during construction or after completion thereof and may also acquire EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11199-01-1
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