Bill Text: NY A08575 | 2013-2014 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Authorizes the city of New York to acquire by eminent domain a certain parcel of real property in the borough of Brooklyn for a public project.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Engrossed - Dead) 2014-06-19 - REFERRED TO RULES [A08575 Detail]

Download: New_York-2013-A08575-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         8575
                                 I N  A S S E M B L Y
                                   January 23, 2014
                                      ___________
       Introduced  by  M. of A. LENTOL, DAVILA -- read once and referred to the
         Committee on Judiciary
       AN ACT to amend the eminent domain procedure  law,  in  relation  to  an
         expedited process for certain buildings
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 201 of the eminent domain procedure law, as amended
    2  by chapter 356 of the laws of 1982, is amended to read as follows:
    3    S 201. Public hearings. Except as provided herein, prior  to  acquisi-
    4  tion,  the  condemnor,  in  order to inform the public and to review the
    5  public use to be served by a proposed public project and the  impact  on
    6  the environment and residents of the locality where such project will be
    7  constructed,  shall  conduct  a  public  hearing  in accordance with the
    8  provisions of this article at a location  reasonably  proximate  to  the
    9  property  which  may  be acquired for such project.  NO HEARING SHALL BE
   10  REQUIRED FOR THE ACQUISITION OF A BUILDING  THAT  HAS  BEEN  BUILT  WITH
   11  PUBLIC  FUNDS  OR  THAT  HAS  BEEN SOLELY OCCUPIED BY A PUBLIC ENTITY OR
   12  PUBLIC BENEFIT ORGANIZATION FOR THE PAST TWENTY-FIVE YEARS.
   13    S 2. Subdivision (A) of section 204 of the  eminent  domain  procedure
   14  law,  as  amended by chapter 356 of the laws of 1982, is amended to read
   15  as follows:
   16    (A) The condemnor, within ninety days  after  the  conclusion  of  the
   17  public  hearings  held  pursuant to this article, OR IMMEDIATELY FOR ANY
   18  BUILDING BUILT OR OCCUPIED BY A PUBLIC ENTITY OR PUBLIC  BENEFIT  ORGAN-
   19  IZATION AS STATED IN SECTION TWO HUNDRED ONE OF THIS ARTICLE, shall make
   20  its  determination  and  findings concerning the proposed public project
   21  and shall publish a brief synopsis of such determination and findings in
   22  at least two successive issues of an official newspaper if there is  one
   23  designated  in the locality where the project will be situated and in at
   24  least two successive issues of a newspaper  of  general  circulation  in
   25  such  locality.  If the official newspaper is one of general circulation
   26  in such locality, publication  therein  as  specified  shall  be  deemed
   27  sufficient  compliance.  The  synopsis  shall  include those factors set
   28  forth in subdivision (B) herein, and shall also state that copies of the
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13472-02-4
       A. 8575                             2
    1  determination and findings will be forwarded upon written request  with-
    2  out cost.
    3    S  3.  Section  206  of the eminent domain procedure law is amended by
    4  adding a new subdivision (F) to read as follows:
    5    (F) WHEN THE BUILDING SOUGHT TO BE ACQUIRED HAS BEEN BUILT WITH PUBLIC
    6  FUNDS OR HAS BEEN SOLELY OCCUPIED BY A PUBLIC ENTITY OR  PUBLIC  BENEFIT
    7  ORGANIZATION FOR THE PAST TWENTY-FIVE YEARS.
    8    S 4. This act shall take effect immediately.