Assembly Bill A2738

2017-2018 Legislative Session

Requires the preparation of a comprehensive economic development plan for the use of eminent domain when the primary purpose is economic development

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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

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2017-A2738 (ACTIVE) - Details

See Senate Version of this Bill:
S3271
Current Committee:
Assembly Judiciary
Law Section:
Public Authorities Law
Laws Affected:
Amd §§103, 204 & 207, add §204-a, EDP L; amd §1411, N-PC L; add §858-c, Gen Muni L; add §1831-b, Pub Auth L
Versions Introduced in Other Legislative Sessions:
2009-2010: A1568
2011-2012: A3366
2013-2014: A3973
2015-2016: A2453, S5910
2019-2020: A1328, S1553
2021-2022: S2931
2023-2024: S7337

2017-A2738 (ACTIVE) - Summary

Requires the preparation of a comprehensive economic development plan for the use of eminent domain when the primary purpose is economic development and certain residential premises are to be acquired; requires municipal approval of the exercise of eminent domain power in such cases; enacts the "eminent domain reform act".

2017-A2738 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2738
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2017
                                ___________
 
 Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
   tee on Judiciary
 
 AN ACT to amend the public authorities law,  the  not-for-profit  corpo-
   ration law, the general municipal law and the eminent domain procedure
   law, in relation to eminent domain reform

   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  cited  as
 the "eminent domain reform act".
   §  2.  The  public  authorities law is amended by adding a new section
 1831-b to read as follows:
   § 1831-B. EXERCISE OF POWER OF EMINENT DOMAIN; LIMITATIONS. THE  LOCAL
 LEGISLATIVE  BODY  OF EACH CITY, TOWN, OR VILLAGE IN WHICH THE AUTHORITY
 SEEKS TO EXERCISE THE POWER OF EMINENT DOMAIN SHALL HAVE  THE  AUTHORITY
 TO  APPROVE  OR  DISAPPROVE ANY EXERCISE OF SUCH POWER BY THE AUTHORITY.
 EVERY SUCH LOCAL LEGISLATIVE BODY SHALL APPROVE OR DISAPPROVE ANY  EXER-
 CISE  OF  SUCH POWER BY MAJORITY VOTE. WHERE APPLICABLE IN THE ENACTMENT
 OF LOCAL LAWS, THE CHIEF EXECUTIVE  OFFICER  OF  SUCH  LOCALITY  IF  THE
 OFFICE  OF  SUCH  CHIEF  EXECUTIVE  OFFICER IS ELECTIVE SHALL APPROVE OR
 DISAPPROVE SUCH LOCAL LEGISLATIVE BODY'S DECISION, SUBJECT TO ANY APPLI-
 CABLE RIGHT TO OVERRIDE.
   § 3. Paragraph (i) of section 1411 of the  not-for-profit  corporation
 law is relettered paragraph (j) and a new paragraph (i) is added to read
 as follows:
   (I)  MUNICIPAL INPUT.   THE LOCAL LEGISLATIVE BODY OF EACH CITY, TOWN,
 OR VILLAGE IN WHICH ANY PART OF THE REAL  PROPERTY  TO  BE  ACQUIRED  IS
 LOCATED  SHALL  HAVE  THE  AUTHORITY TO APPROVE OR DISAPPROVE ANY CORPO-
 RATION'S USE OF EMINENT DOMAIN. EACH SUCH LOCAL LEGISLATIVE  BODY  SHALL
 APPROVE OR DISAPPROVE ANY PROPOSED CORPORATE USE OF THE POWER OF EMINENT
 DOMAIN  BY  MAJORITY  VOTE.  WHERE  APPLICABLE IN THE ENACTMENT OF LOCAL
 LAWS, THE CHIEF EXECUTIVE OFFICER OF SUCH LOCALITY IF THE OFFICE OF SUCH
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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