Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Aug 24, 2020 |
referred to rules |
Senate Bill S8939
2019-2020 Legislative Session
Sponsored By
(D) Senate District
Archive: Last Bill Status - In Senate Committee Rules 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
2019-S8939 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A10972
- Current Committee:
- Senate Rules
- Law Section:
- Town Law
- Laws Affected:
- Amd §§64 & 215, Town L
- Versions Introduced in 2021-2022 Legislative Session:
-
S1343, A3565
2019-S8939 (ACTIVE) - Sponsor Memo
BILL NUMBER: S8939 SPONSOR: BROOKS TITLE OF BILL: An act to amend the town law, in relation to the acquisition of real property by eminent domain PURPOSE: The purpose of this bill is to afford all Towns and Improvement Districts throughout New York State conditional condemnation enabling them to take the same approach in acquiring private utilities as now enjoyed by the water authorities in City of New York SUMMARY OF PROVISIONS: Section 1. amends section 64 of the town law by adding a new subdivision 2-b which provides 'conditional condemnation' to towns. Section 2. amends section 215 of the town law by adding a new subdivi-
2019-S8939 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8939 I N S E N A T E August 24, 2020 ___________ Introduced by Sen. BROOKS -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the town law, in relation to the acquisition of real property by eminent domain THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 64 of the town law is amended by adding a new subdivision 2-b to read as follows: 2-B. ACQUISITION OF REAL PROPERTY BY EMINENT DOMAIN. A. NOTWITHSTAND- ING ANY PROVISION OF THE EMINENT DOMAIN PROCEDURE LAW TO THE CONTRARY, IN ANY PROCEEDING BROUGHT PURSUANT TO SUBDIVISION TWO OF THIS SECTION, TITLE SHALL VEST IN THE TOWN AND COMPENSATION SHALL BE PAID ONLY: 1. UPON A DECISION BY THE STATE SUPREME COURT THAT COMPENSATION FOR THE REAL PROPERTY SO CONDEMNED SHALL BE DETERMINED SOLELY BY THE INCOME CAPITALIZATION METHOD OF VALUATION, BASED ON THE ACTUAL NET INCOME AS ALLOWED BY THE PUBLIC SERVICE COMMISSION; AND 2. UPON SUCH COURT'S DETERMINATION OF THE AMOUNT OF SUCH COMPENSATION, BASED UPON THE INCOME CAPITALIZATION METHOD, ENTRY OF THE FINAL JUDG- MENT, FILING OF THE FINAL DECREE, AND THE CONCLUSION OF ANY APPEAL OR EXPIRATION OF THE TIME TO FILE AN APPEAL RELATED TO THE CONDEMNATION PROCEEDING. B. IF ANY COURT SHALL UTILIZE ANY METHOD OF COMPENSATION OTHER THAN THE INCOME CAPITALIZATION METHOD, OR IF THE PROPOSED COMPENSATION IS MORE THAN THE RATE BASE OF THE ASSETS TAKEN IN CONDEMNATION AS UTILIZED BY THE PUBLIC SERVICE COMMISSION IN SETTING RATES AND AS CERTIFIED BY THE PUBLIC SERVICE COMMISSION, THE TOWN MAY WITHDRAW THE CONDEMNATION PROCEEDING WITHOUT PREJUDICE OR COSTS TO ANY PARTY. § 2. Section 215 of the town law is amended by adding a new subdivi- sion 5-a to read as follows: 5-A. A. NOTWITHSTANDING ANY PROVISION OF THE EMINENT DOMAIN PROCEDURE LAW TO THE CONTRARY, IN ANY PROCEEDING BROUGHT PURSUANT TO SUBDIVISION FIVE OF THIS SECTION, TITLE SHALL VEST IN THE DISTRICT AND COMPENSATION SHALL BE PAID ONLY: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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