S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3479
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 28, 2025
                                ___________
 
 Introduced  by M. of A. JONES -- read once and referred to the Committee
   on Local Governments
 
 AN ACT to amend the general municipal law, in relation to certain notice
   requirements for the acquisition of  real  property  for  open  space,
   historic preservations, or urban renewal purposes

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 2 of section 247 of the general municipal  law,
 as  amended  by  chapter  892 of the laws of 1972, is amended to read as
 follows:
   2. The acquisition of interests or rights in  real  property  for  the
 preservation  of open spaces and areas shall constitute a public purpose
 for which public funds may be expended  or  advanced,  and  any  county,
 city,  town  or village after [due notice and] a public hearing UPON TEN
 DAYS' NOTICE may acquire, by purchase,  gift,  grant,  bequest,  devise,
 lease  or  otherwise, the fee or any lesser interest, development right,
 easement, covenant, or other contractual right necessary to achieve  the
 purposes  of this chapter, to land within such municipality. In the case
 of a village the cost of such acquisition of interests or rights may  be
 incurred  wholly  at  the  expense of the village, at the expense of the
 owners of the lands benefited thereby, or partly at the expense of  such
 owners  and  partly  at  the  expense of the village at large as a local
 improvement in the manner provided by article  twenty-two  [in]  OF  the
 village law entitled local improvements.
   §  2. Subdivision 3 of section 119-dd of the general municipal law, as
 added by chapter 354 of the laws of 1980, is amended to read as follows:
   3. After [due notice and] A public hearing UPON TEN DAYS'  NOTICE,  by
 purchase,  gift, grant, bequest, devise, lease or otherwise, acquire the
 fee or any lesser interest, development  right,  easement,  covenant  or
 other  contractual right necessary to achieve the purposes of this arti-
 cle, to historical or cultural property within its  jurisdiction.  After
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07746-01-5
              

 A. 3479                             2
 
 acquisition  of  any  such  interest  pursuant  to this subdivision, the
 effect of the acquisition on  the  valuation  placed  on  any  remaining
 private  interest  in such property for purposes of real estate taxation
 shall be taken into account.
   § 3. Subdivisions 2 and 3 of section 505 of the general municipal law,
 subdivision 2 as amended by chapter 723 of the laws of 1963 and subdivi-
 sion  3  as  amended  by chapter 133 of the laws of 1996, are amended to
 read as follows:
   2. The urban renewal plan for the designated area, or for  a  part  or
 portion  of  such area, shall be submitted to the commission which shall
 certify, after a public hearing held on [due notice] TEN  DAYS'  NOTICE,
 whether  such  plan complies with the provisions of subdivision seven of
 section five hundred two of this article and  conforms  to  the  finding
 made  pursuant to section five hundred four of this article. The commis-
 sion shall submit its report to the governing body, not later  than  ten
 weeks  from  the  date  of  referral  of  the plan to it, certifying its
 unqualified approval, its disapproval, or its  qualified  approval  with
 recommendations for modifications therein.
   3. After a public hearing, held on [due notice] TEN DAYS' NOTICE after
 the  report  is  received or due from the commission, the governing body
 may:
   (a) if the commission shall have certified its  unqualified  approval,
 approve the plan by a majority vote;
   (b)  if  the  commission shall have certified its disapproval or shall
 have failed to make its report within ten weeks from the date such  plan
 was  submitted  to  it by the agency, nevertheless approve the plan, but
 only by a three-fourths vote;
   (c) if the commission shall  have  certified  its  qualified  approval
 together  with  recommendations  for  modifications,  approve  the  plan
 together with the modifications  recommended  by  the  commission  by  a
 majority  vote,  or approve the plan without such modifications but only
 by a three-fourths vote.
   § 4. Section 506 of the general municipal law, as added by chapter 402
 of the laws of 1961, subdivision 1 as amended by chapter 947 of the laws
 of 1965, paragraph (a) of subdivision 1 as amended by chapter 748 of the
 laws of 1967 and paragraph c of subdivision 1 as added by chapter 772 of
 the laws of 1967, is amended to read as follows:
   § 506. Acquisition  of  property.  1.  [(a)]  A  municipality,  acting
 through  its  governing  body,  may  acquire  by purchase, gift, devise,
 lease, condemnation or otherwise, in accordance with the  provisions  of
 the appropriate general, special or local law applicable to the acquisi-
 tion  of real property by such municipality, real property or any inter-
 est therein, including but not limited to air rights, and  easements  or
 other  rights  of user necessary for the use and development of such air
 rights, to be developed as air rights sites for the elimination  of  the
 blighting  influences of an area or areas consisting principally of land
 in streets, alleys, highways, and other public rights of way, railway or
 subway tracks, bridge or tunnel approaches or entrances, or other  simi-
 lar facilities which have a blighting influence on the surrounding area,
 necessary  for  or incidental to a program of urban renewal for residen-
 tial, commercial, industrial, public, semi-public,  community  or  other
 uses  or  combinations  of such uses in accordance with an urban renewal
 plan for a designated area, or for a  part  or  portion  of  such  area,
 provided,  however, that the acquisition of any air rights over railroad
 tracks, rights of way or facilities and easements  or  other  rights  of
 user  necessary for the use and development of such air rights are to be
 A. 3479                             3
 
 subject to the provision of section fifty-one-a of the railroad law. The
 acquisition of real property within  a  designated  urban  renewal  area
 shall  in  every case be deemed to be and constitute a continuous rather
 than separate takings.
   [(b)]  2.  Property so acquired by a municipality shall be exempt from
 taxation until sold, leased for a term not exceeding  ninety-nine  years
 or otherwise disposed of in accordance with the provisions of this arti-
 cle  [of  this  chapter];  provided  however, that any such municipality
 shall have the power and authority, with respect to  such  property,  to
 pay  or  transfer,  out of funds available to it for the effectuating of
 such urban renewal program, annual sums in lieu of taxes to  any  taxing
 jurisdiction  providing  services  to  the urban renewal area, or to the
 part or portion thereof within such taxing jurisdiction, in  order  that
 no  such taxing jurisdiction shall suffer an inequitable loss of revenue
 by virtue of such urban renewal program;  provided,  further,  that  the
 amount  so  paid  or  transferred  for any year with respect to any such
 property shall not exceed the lesser of [(1)]: (A) the sum  last  levied
 for  the  benefit  of  such taxing jurisdiction as an annual tax on such
 property prior  to  the  time  of  its  acquisition  for  urban  renewal
 purposes;  or  [(2)] (B) such amount as shall be approved by the commis-
 sioner, pursuant to such rules, regulations, limitations and  conditions
 as  [he]  SUCH  COMMISSIONER  may  prescribe,  as an eligible and proper
 charge against such urban renewal  program.  Upon  the  sale,  lease  or
 disposition  of  such  property  to  any person, firm or corporation not
 entitled to an exemption from taxation or entitled to only a partial tax
 exemption such property shall immediately become subject to taxation  in
 whole  or  in  part, as the case may be, and shall be taxed pro rata for
 the unexpired portion of the taxable year.
   As used in this [paragraph] SUBDIVISION, the  term  "taxing  jurisdic-
 tion" means any municipal corporation or district corporation, including
 any school district or any special district, having the power to levy or
 collect  taxes  and  benefit assessments upon real property, or in whose
 behalf such taxes or benefit assessments may be levied or collected.
   [c.] 3. Notwithstanding any other provisions of this article, a  muni-
 cipality  may  acquire by purchase, gift, devise, lease, condemnation or
 otherwise, upon recommendation of the agency and in accordance with  the
 appropriate  provisions  of any general, special or local law or charter
 applicable to the acquisition of real  property  by  such  municipality,
 such  real  property  or any interest therein, within an area designated
 pursuant to this article as appropriate for urban  renewal,  as  it  may
 deem  ultimately  necessary or proper to effectuate the purposes of this
 article although temporarily not required for  such  purposes,  provided
 that the early acquisition of such property is approved as follows:
   [(1)]  (A) In a municipality where there is a planning commission, the
 agency shall submit the proposal for early acquisition to the commission
 for its approval. Such planning commission shall,  not  later  than  ten
 weeks  from  the  date  of  the  referral of the proposal to it, after a
 public hearing held on [due notice] TEN DAYS' NOTICE, submit its  report
 to  the  governing  body  certifying its unqualified consent, its disap-
 proval, or its qualified consent with recommendations for  modifications
 of the proposal.
   After  public  hearing held on [due notice] TEN DAYS' NOTICE after the
 report is received or due from the planning  commission,  the  governing
 body may:
   (i)  if  the  commission shall have certified its unqualified consent,
 approve the proposal by a majority vote:
 A. 3479                             4

   (ii) if the commission shall have certified its disapproval  or  shall
 have  failed  to  make  its  report  within ten weeks from the date such
 proposal was submitted to it by the  agency,  nevertheless  approve  the
 proposal, but only by a three-fourths vote:
   (iii)  if  the  commission  shall have certified its qualified consent
 together with recommendations for modifications of the proposal, approve
 the proposal together with the modifications recommended by the  commis-
 sion  by a majority vote, or approve the proposal without such modifica-
 tions but only by a three-fourths vote.
   [(2)] (B) In a municipality where there is no planning commission, the
 agency shall submit the proposal to  the  governing  body  which,  after
 public hearing held on [due notice] TEN DAYS' NOTICE, may either approve
 or disapprove the proposal.
   §  5.  Section 555 of the general municipal law, as amended by chapter
 912 of the laws of 1966, paragraph (a) of subdivision 1  as  amended  by
 chapter 748 of the laws of 1967, paragraph (c) of subdivision 1 as added
 by  chapter  311 of the laws of 1968, the opening paragraph of paragraph
 (c) of subdivision 1 as amended by chapter 247 of the laws of  1970  and
 subparagraphs  1  and  2 of paragraph (c) of subdivision 1 as amended by
 chapter 1002 of the laws of 1969, is amended to read as follows:
   § 555. Acquisition of property. 1. [(a)] Real property or any interest
 therein, including but not limited to air rights, and easements or other
 rights of user necessary for the use and development of such air rights,
 to be developed as air rights sites for the elimination of the blighting
 influences over an area or  areas  consisting  principally  of  land  in
 streets,  alleys,  highways,  and other public rights of way, railway or
 subway tracks, bridge or tunnel approaches or entrances, or other  simi-
 lar  facilities which have a blighting influence on the surrounding area
 necessary for or incidental to any urban renewal program or part thereof
 in accordance with an urban renewal plan may be acquired by an agency by
 gift, grant, devise, purchase, condemnation or otherwise and by a  muni-
 cipality  for  and on behalf of an agency by condemnation.  Property may
 be acquired by condemnation by an agency or by  a  municipality  for  an
 agency pursuant to the condemnation law or pursuant to the laws relating
 to  the condemnation of land by the municipality for which the agency is
 acting or the municipality, as the case may be.
   [(b)] 2. Property so acquired by an agency, or by  a  municipality  in
 behalf  of  an  agency, shall be exempt from taxation until sold, leased
 for a term not exceeding ninety-nine years or otherwise disposed  of  in
 accordance  with  the  provisions  of this article or article fifteen of
 this chapter; provided, however, that any such  agency  shall  have  the
 power and authority, with respect to such property, to pay, out of funds
 available  to  it  for  the  effectuating of such urban renewal program,
 annual sums in lieu  of  taxes  to  any  taxing  jurisdiction  providing
 services  to  the  urban renewal area, or to the part or portion thereof
 within such taxing jurisdiction, in order that no such taxing  jurisdic-
 tion shall suffer an inequitable loss of revenue by virtue of such urban
 renewal program; provided, further, that the amount so paid for any year
 with  respect to any such property shall not exceed the lesser of [(1)]:
 (A) the sum last levied for the benefit of such taxing  jurisdiction  as
 an  annual tax on such property prior to the time of its acquisition for
 urban renewal purposes; or [(2)] (B) such amount as shall be approved by
 the commissioner, pursuant to such rules,  regulation,  limitations  and
 conditions  as  [he] SUCH COMMISSIONER may prescribe, as an eligible and
 proper charge against such urban renewal program. Upon the  sale,  lease
 or  disposition  of such property to any person, firm or corporation not
 A. 3479                             5
 
 entitled to an exemption from taxation or entitled to only a partial tax
 exemption such property shall immediately become subject to taxation  in
 whole  or  in  part, as the case may be, and shall be taxed pro rata for
 the unexpired portion of the taxable year.
   As  used  in  this [paragraph] SUBDIVISION, the term "taxing jurisdic-
 tion" means any municipal corporation or district corporation  including
 any school district or any special district, having the power to levy or
 collect  taxes  and  benefit assessments upon real property, or in whose
 behalf such taxes or benefit assessments may be levied or collected.
   [(c)] 3. Notwithstanding any other  provisions  of  this  article,  an
 agency may acquire by purchase, gift, devise, condemnation or otherwise,
 in accordance with the appropriate provisions of any general, special or
 local  law  or charter applicable to the acquisition of real property by
 such agency, such real property or any interest therein, within an  area
 designated  pursuant  to  article fifteen of this chapter as appropriate
 for urban renewal, as it may deem  ultimately  necessary  or  proper  to
 effectuate  the  purposes  of  this  article  although  temporarily  not
 required for such purposes, provided that the early acquisition of  such
 property is approved as follows:
   [(1)]  (A) In a municipality where there is a planning commission, the
 agency shall submit the proposal for early acquisition to the commission
 for its approval. Such planning commission shall,  not  later  than  ten
 weeks  from  the  date  of  the  referral of the proposal to it, after a
 public hearing held on [due notice] TEN DAYS' NOTICE, submit its  report
 to  the  governing  body  certifying its unqualified consent, its disap-
 proval, or its qualified consent with recommendations for  modifications
 of the proposal.
   After  public  hearing held on [due notice] TEN DAYS' NOTICE after the
 report is received or due from the planning  commission,  the  governing
 body may:
   (i) if the commission shall have certified its unqualified consent, by
 majority vote authorize the agency to proceed with the acquisition;
   (ii)  if  the commission shall have certified its disapproval or shall
 have failed to make its report within  ten  weeks  from  the  date  such
 proposal  was  submitted  to  it,  nevertheless  authorize the agency to
 proceed with the acquisition, but only by a three-fourths vote;
   (iii) if the commission shall have  certified  its  qualified  consent
 together with recommendations for modifications of the proposal, author-
 ize  the  agency  to proceed with the acquisition in accordance with the
 modifications recommended  by  the  commission,  by  majority  vote,  or
 authorize  such  acquisition  without  such  modifications but only by a
 three-fourths vote.
   [(2)] (B) In a municipality where there is no planning commission, the
 agency shall submit the proposal  to  the  governing  body  which  after
 public hearing held on [due notice] TEN DAYS' NOTICE, may either approve
 or disapprove the proposal.
   § 6. This act shall take effect immediately.