NY State Senate Bill 2019-S723

Senate Bill S723

2019-2020 Legislative Session

Authorizes the New York city council to approve or deny by a majority vote, any public authority's or public benefit corporation's use of eminent domain

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Archive: Last Bill Status - In Senate Committee Corporations, Authorities And Commissions 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 corporations, authorities and commissions
Jan 09, 2019	referred to corporations, authorities and commissions

co-Sponsors

2019-S723 (ACTIVE) - Details

See Assembly Version of this Bill:: A3517
Current Committee:: Senate Corporations, Authorities And Commissions
Law Section:: Public Authorities Law
Laws Affected:: Amd Art 9 Title 6 Head, add §2901, Pub Auth L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S4155
2011-2012: S2332
2013-2014: S1423
2015-2016: S1261
2017-2018: S4478, A5828
2021-2022: S3592, A1429
2023-2024: S1306, A1406
2025-2026: S2310

2019-S723 (ACTIVE) - Summary

Authorizes the New York city council to approve or deny by a majority vote, any public authority's or public benefit corporation's use of eminent domain.

2019-S723 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S723

SPONSOR: MONTGOMERY
 
TITLE OF BILL:  An act to amend the public authorities law, in
relation to authorizing the New York city council to approve or disap-
prove by a majority vote, any public authority's or public benefit
corporation's use of eminent domain

 
PURPOSE:

To amend the public authorities law authorizing the New York city coun-
cil to approve or disapprove by a majority vote, any public authority's
or public benefit corporation's use of eminent domain.

 
SUMMARY OF PROVISIONS:

Adds new section 2901 to the public authorities law authorizing the city
council in cities with a population of one million or more to approve or
disapprove by a majority vote any public authorities or public benefit
corporation's use of eminent domain. The city council is also required
to hold at least one official public hearing on the proposed action

prior to voting.

 
JUSTIFICATION:

Continued scrutiny of public authorities and discussion over the impli-
cations of Supreme Court precedent which have widened the use of eminent
domain illustrate the need for greater local control over takings by
public authorities. Public authorities have public missions but are
isolated from traditional democratic pressure, and therefore lack
accountability to the people of this State. Many authorities even have
eminent domain power that can be exercised over the objection of local
governments. This dynamic was not contemplated by the founders when they
placed limits on the use of eminent domain.

This bill would safeguard the interests of the public and communities
around this state by adding more traditional democratic control and
oversight over the use of takings by public authorities. This bill would
ensure that use of eminent domain by public authorities is adequately
scrutinized by local elected officials and that the public has an oppor-
tunity to comment on projects/proposals that impact on their quality of
life.

 
LEGISLATIVE HISTORY:

First introduced in 2005.
2011-2012: S.2332 - Died in Committee
2013-2014: S.1423 - Died in Committee

 
FISCAL IMPLICATIONS:

Not known.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it becomes law.

2019-S723 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    723
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced by Sens. MONTGOMERY, KRUEGER -- read twice and ordered print-
   ed, and when printed to be committed to the Committee on Corporations,
   Authorities and Commissions
 
 AN  ACT  to amend the public authorities law, in relation to authorizing
   the New York city council to approve or disapprove by a majority vote,
   any public authority's or public benefit corporation's use of  eminent
   domain
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The title heading of title 6 of article  9  of  the  public
 authorities  law,  as  added by chapter 307 of the laws of 1964 and such
 title as renumbered by chapter 838 of the laws of 1983, is amended and a
 new section 2901 is added to read as follows:
              EMINENT DOMAIN TAKING; PROPERTY OF OR BY A PUBLIC
                            BENEFIT CORPORATION
   § 2901. EMINENT DOMAIN; CERTAIN CITIES. IN CITIES WITH A POPULATION OF
 ONE MILLION OR MORE IN WHICH  ANY  PART  OF  THE  REAL  PROPERTY  TO  BE
 ACQUIRED  IS  LOCATED,  THE  CITY  COUNCIL  SHALL  HAVE THE AUTHORITY TO
 APPROVE OR DISAPPROVE ANY PUBLIC AUTHORITY'S OR  PUBLIC  BENEFIT  CORPO-
 RATION'S USE OF EMINENT DOMAIN. THE CITY COUNCIL SHALL APPROVE OR DISAP-
 PROVE  ANY PROPOSED USE OF THE POWER OF EMINENT DOMAIN BY MAJORITY VOTE.
 PRIOR TO SUCH VOTE, SUCH CITY COUNCIL SHALL HOLD AT LEAST  ONE  OFFICIAL
 PUBLIC  HEARING ON SUCH MATTER AT A LOCATION REASONABLY PROXIMATE TO THE
 PROPERTY WHICH MAY BE ACQUIRED.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02016-01-9

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Senate Bill S723

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Sponsored By

Velmanette Montgomery