NY State Senate Bill 2017-S5185

Senate Bill S5185

2017-2018 Legislative Session

Relates to requiring financial reports for real property acquired by the state, including any agencies and authorities, through eminent domain

download bill text pdf

Archive: Last Bill Status - In Senate Committee Judiciary 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to judiciary
Mar 10, 2017	referred to judiciary

2017-S5185 (ACTIVE) - Details

Current Committee:: Senate Judiciary
Law Section:: Eminent Domain Procedure Law
Laws Affected:: Add §306, EDP L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S5415
2019-2020: S2805
2021-2022: S5829
2023-2024: S2869

2017-S5185 (ACTIVE) - Summary

Relates to requiring financial reports for real property acquired by the state, including any agencies and authorities, through eminent domain.

2017-S5185 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5185

 TITLE OF BILL :

An act to amend the eminent domain procedure law, in relation to
requiring financial reports for real property acquired by the state,
including any agencies and authorities, through eminent domain

 PURPOSE :

To provide that local development corporations provide an estimated
cost benefit analysis of proposed projects, the additional tax revenue
anticipated from the project and assistance to be provided.

 SUMMARY OF PROVISIONS :

Section 1 amends eminent domain procedure law by adding a new section
305 to require that local development corporations include a financial
impact report when invoking power of eminent domain. This section
requires that the report include: i) an analysis of estimated costs
and benefits; u) estimated retained or additional tax revenue for the
next three years; iii) amount of assistance being provided from the
local development corporation; and iv) present value of the assistance
being provided.

Section 2 sets for the effective date.

 JUSTIFICATION :

The constitution guarantees that "private property" shall not be taken
for public use without just compensation." In Kelo v City of New
London, the U.S. Supreme Court allowed for the forcible transfer of
property from one private owner to another in support of economic
development.

The eminent domain procedure law has not been updated in response and
as a result although it can be said to be a "public use" to support
economic development the state procedures do not provide for gathering
of information relating to economic development in the process. We
must update the laws to ensure that the public has full understanding
of the anticipated economic costs and benefits associated with eminent
domain for the subject project.

It is imperative that if eminent domains is being used for purposes of
economic development we have a full assessment of the costs and
benefits of the project that will benefit from the use of economic
domain, including tax revenue.

 LEGISLATIVE HISTORY :

2015-16: S.5415 Referred to Judiciary

 FISCAL IMPLICATIONS :

This bill will add a minimal cost to the process of eminent domain
however because it is providing needed information about financial
costs and benefits it will allow decision makers to make decision that
bring in additional revenues that will offset the added cost to the
process.

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S5185 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5185
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              March 10, 2017
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary
 
 AN ACT to amend the eminent domain procedure law, in relation to requir-
   ing financial reports for real property acquired by the state, includ-
   ing any agencies and authorities, through eminent domain

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The eminent domain procedure law is amended by adding a new
 section 306 to read as follows:
   §  306.  FINANCIAL IMPACT REPORTS. NOTWITHSTANDING ANY OTHER PROVISION
 OF LAW TO THE CONTRARY, ANY CONTRACT ENTERED INTO  BY  A  STATE  AGENCY,
 STATE  AUTHORITY  OR  A  LOCAL  DEVELOPMENT CORPORATION UNDER WHICH SUCH
 LOCAL DEVELOPMENT CORPORATION IS ENGAGED IN PROVIDING  OR  ADMINISTERING
 ECONOMIC DEVELOPMENT BENEFITS ON BEHALF OF THE STATE AND EXPENDING STATE
 CAPITAL  APPROPRIATIONS  IN  CONNECTION  WITH ANY PROJECT OR ACTION THAT
 INVOKES THE POWER OF EMINENT DOMAIN PURSUANT  TO  THIS  CHAPTER  ON  THE
 BASIS  OF  ECONOMIC DEVELOPMENT, AS DETERMINED BY JUDICIAL REVIEW, SHALL
 BE ACCOMPANIED BY A FINANCIAL IMPACT REPORT. SUCH REPORT SHALL  INCLUDE,
 BUT  NOT  BE LIMITED TO (I) AN ANALYSIS OF THE ESTIMATED COSTS AND BENE-
 FITS OF THE PROPOSED PROJECT OR ACTION; (II)  THE  ESTIMATED  AMOUNT  OF
 RETAINED  OR  ADDITIONAL  TAX  REVENUE  ESTIMATED TO BE DERIVED FROM THE
 PROJECT FOR THE NEXT THREE SUCCEEDING YEARS; (III) THE AMOUNT OF ASSIST-
 ANCE RECEIVED BY THE LOCAL DEVELOPMENT CORPORATION  IN  THE  FORM  OF  A
 LOAN,  GRANT,  OR TAX BENEFIT SINCE THE BEGINNING OF THE PROJECT PERIOD;
 AND (IV) THE PRESENT VALUE OF THE  FUTURE  ASSISTANCE  ESTIMATED  TO  BE
 GIVEN  FOR  THE  DURATION  OF  THE  PROJECT PERIOD. WHERE SUCH REPORT IS
 PREPARED BY A LOCAL DEVELOPMENT CORPORATION, THE STATE AGENCY  OR  STATE
 AUTHORITY,  IN  CONSULTATION  WITH SUCH OTHER STATE AGENCIES AS IT DEEMS
 APPROPRIATE, SHALL REVIEW  SUCH  REPORT  AND  MAKE  RECOMMENDATIONS,  IF
 NECESSARY.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00326-01-7

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.