NY State Senate Bill 2023-S2869

Senate Bill S2869

2023-2024 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

Current 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

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
Jun 07, 2024	committed to rules
Feb 26, 2024	advanced to third reading
Feb 14, 2024	2nd report cal.
Feb 13, 2024	1st report cal.430
Jan 03, 2024	referred to judiciary
Jun 10, 2023	committed to rules
May 30, 2023	advanced to third reading
May 24, 2023	2nd report cal.
May 23, 2023	1st report cal.1241
Jan 25, 2023	referred to judiciary

Votes

- Feb 13, 2024 - Judiciary Committee Vote
  S2869
  
  14
  
  Aye
  
  0
  
  Nay
  
  5
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Judiciary Committee Vote: Feb 13, 2024
      
      aye (14)
      
      Bailey
      
      Breslin
      
      Gounardes
      
      Hoylman-Sigal
      
      Liu
      
      Mayer
      
      Myrie
      
      Ramos
      
      Rhoads
      
      Ryan
      
      Sepúlveda
      
      Skoufis
      
      Stavisky
      
      Thomas
      
      aye wr (5)
      
      Canzoneri-Fitzpatrick
      
      Lanza
      
      Martins
      
      O'Mara
      
      Palumbo
  May 23, 2023 - Judiciary Committee Vote
  S2869
  
  14
  
  Aye
  
  0
  
  Nay
  
  5
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Judiciary Committee Vote: May 23, 2023
      
      aye (14)
      
      Bailey
      
      Breslin
      
      Gounardes
      
      Hoylman-Sigal
      
      Liu
      
      Mayer
      
      Myrie
      
      Ramos
      
      Rhoads
      
      Ryan
      
      Sepúlveda
      
      Skoufis
      
      Stavisky
      
      Thomas
      
      aye wr (5)
      
      Canzoneri-Fitzpatrick
      
      Lanza
      
      Martins
      
      O'Mara
      
      Palumbo

2023-S2869 (ACTIVE) - Details

See Assembly Version of this Bill:: A10289
Current Committee:: Senate Rules
Law Section:: Eminent Domain Procedure Law
Laws Affected:: Add §306, EDP L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S5415
2017-2018: S5185
2019-2020: S2805
2021-2022: S5829

2023-S2869 (ACTIVE) - Summary

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

2023-S2869 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S2869

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:

S5829 2022

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.

2023-S2869 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2869
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 25, 2023
                                ___________
 
 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.
                                                            LBD04638-01-3

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.