NY State Senate Bill 2019-S2805

Senate Bill S2805

2019-2020 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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to judiciary
Jan 29, 2019	referred to judiciary

2019-S2805 (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
2017-2018: S5185
2021-2022: S5829
2023-2024: S2869

2019-S2805 (ACTIVE) - Summary

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

2019-S2805 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S2805

SPONSOR: COMRIE
 
TITLE OF BILL:

An act to amend the eminent domain procedure law, in relation to requir-
ing 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 antic-
ipated 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; (ii) 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 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 devel-
opment.

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 econom-
ic 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:

S5185 COMRIE No Same as

 
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.

2019-S2805 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2805
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 29, 2019
                                ___________
 
 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.

                                                            LBD07483-01-9

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