Bill Text: NY A06119 | 2019-2020 | General Assembly | Introduced


Bill Title: Creates the real property regulatory impacts act; provides that the owner of any real property may bring an action against the state whenever the application of any state statute, rule or regulation to such property causes a diminution in value of fifty percent or more.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced) 2019-02-28 - referred to judiciary [A06119 Detail]

Download: New_York-2019-A06119-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          6119
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 28, 2019
                                       ___________
        Introduced by M. of A. FITZPATRICK, SALKA -- Multi-Sponsored by -- M. of
          A. MANKTELOW -- read once and referred to the Committee on Judiciary
        AN  ACT to amend the real property law, in relation to the real property
          regulatory impacts act
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  The  real property law is amended by adding a new article
     2  12-D to read as follows:
     3                                ARTICLE 12-D
     4                    REAL PROPERTY REGULATORY IMPACTS ACT
     5  Section 447-a. Short title.
     6          447-b. Definitions.
     7          447-c. Attorney general rule review.
     8          447-d. Diminution in value.
     9          447-e. Invalidation.
    10          447-f. Statute of limitations.
    11          447-g. Constitutional or statutory rights not restricted.
    12    § 447-a. Short title. This article shall be known and may be cited  as
    13  the "real property regulatory impacts act".
    14    §  447-b. Definitions. For the purposes of this article, the following
    15  terms shall have the following meanings:
    16    1. "Diminution in value of  fifty  percent  or  more"  means  a  fifty
    17  percent  reduction in the fair market value of the real property subject
    18  to any state statute, regulation or  rule,  or  to  the  denial  of  any
    19  permit, license or authorization by the state.
    20    2.  "Inverse  condemnation"  means a suit against the state to recover
    21  money damages equal to the diminution in the fair market  value  of  the
    22  property.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05976-01-9

        A. 6119                             2
     1    3.  "Owner" means the owner of the real property at the time the state
     2  statute, regulation or rule took effect, or the owner at the  time  that
     3  the permit, license or authorization was denied by the state.
     4    4.  "Taking  of  private  property"  means an activity wherein private
     5  property is taken such that compensation to the owner of  that  property
     6  is  required  by the fifth and fourteenth amendments to the constitution
     7  of the United States or by section four hundred  forty-seven-d  of  this
     8  article.
     9    5.  "Person"  means a person or persons having an interest which is or
    10  may be adversely affected by the statute, regulation or rule, or by  the
    11  provision or condition of any permit, license or authorization.
    12    §  447-c. Attorney general rule review.  No rule or regulation promul-
    13  gated by any state agency, division, board or  commission  shall  become
    14  effective  until  the  attorney  general has reviewed such rule or regu-
    15  lation and has informed the issuing entity in writing as to  the  poten-
    16  tial of such rule or regulation to result in a taking of private proper-
    17  ty.
    18    §  447-d.  Diminution  in  value. 1. Cause of action. The owner of any
    19  real property may bring an action against the state whenever the  appli-
    20  cation  of  any state statute, rule or regulation to such real property,
    21  or the denial of any permit, license or authorization of any kind by the
    22  state causes a diminution in value of the property of fifty  percent  or
    23  more.
    24    2. Jurisdiction. Such action may be filed in supreme court which shall
    25  have  exclusive  jurisdiction of the claim, and the owner shall be enti-
    26  tled to a trial by jury. In such action, the owner may either recover:
    27    (a) a sum equal to the diminution in value of the real  property,  and
    28  retain title thereto; or
    29    (b)  the  entire  fair  market value of the real property prior to the
    30  diminution in value of fifty percent or more, and transfer title to  the
    31  state  upon  payment  of such fair market value. In any such action, the
    32  court may award reasonable and necessary costs, including attorney fees,
    33  to any prevailing plaintiff. If  the  statute,  rule  or  regulation  is
    34  rescinded,  or if the permit, license or authorization is granted, prior
    35  to final judgment, then the owner shall be entitled to  recover  in  the
    36  pending  action  any  reasonable and necessary costs, including attorney
    37  fees, incurred to date, together with any economic losses  sustained  by
    38  reason  of  the acts giving rise to the diminution in value. It shall be
    39  an affirmative defense to any such action if the owner's use or proposed
    40  use of the real property amounts to a public  nuisance  which  shall  be
    41  defined  as a substantial and unreasonable interference with the use and
    42  enjoyment of an interest in land which is common to the public.
    43    § 447-e. Invalidation. 1. Cause of action. Any person may  commence  a
    44  civil action in supreme court on his or her own behalf against the state
    45  to invalidate any statute, rule or regulation pertaining to real proper-
    46  ty,  or  to invalidate any provision or condition of any permit, license
    47  or authorization which does not substantially advance its stated govern-
    48  mental purpose.
    49    2. Ripeness. A suit for invalidation shall be  ripe  for  adjudication
    50  upon the enactment of the statute, regulation or rule, or the imposition
    51  of any provision or condition of any permit, license or authorization to
    52  any parcel of real property.
    53    §  447-f.  Statute  of limitations. 1. Application.  The provisions of
    54  this article shall apply to state statutes, rules  and  regulations  and
    55  any  provision  or condition of any permit, license or authorization, in
    56  effect on or after the effective date of this article.

        A. 6119                             3
     1    2. Statute of limitations. The  statute  of  limitations  for  actions
     2  brought  pursuant  to this article shall be six years from the enactment
     3  of any statute, regulation or rule, or the denial of any permit, license
     4  or authorization by the state.
     5    § 447-g. Constitutional or statutory rights not restricted. Nothing in
     6  this  article  shall  restrict  any  remedy or right which any person or
     7  class of persons may have under any provision of the  state  or  federal
     8  constitution or laws of the state or United States.
     9    § 2. This act shall take effect immediately.
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