Bill Text: NY S01553 | 2019-2020 | General Assembly | Introduced
Bill Title: Requires the preparation of a comprehensive economic development plan for the use of eminent domain when the primary purpose is economic development and certain residential premises are to be acquired; requires municipal approval of the exercise of eminent domain power in such cases; enacts the "eminent domain reform act".
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-01-08 - REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS [S01553 Detail]
Download: New_York-2019-S01553-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ S. 1553 A. 1328 2019-2020 Regular Sessions SENATE - ASSEMBLY January 15, 2019 ___________ IN SENATE -- Introduced by Sen. PARKER -- read twice and ordered print- ed, and when printed to be committed to the Committee on Commerce, Economic Development and Small Business IN ASSEMBLY -- Introduced by M. of A. PRETLOW -- read once and referred to the Committee on Judiciary AN ACT to amend the public authorities law, the not-for-profit corpo- ration law, the general municipal law and the eminent domain procedure law, in relation to eminent domain reform The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "eminent domain reform act". 3 § 2. The public authorities law is amended by adding a new section 4 1831-b to read as follows: 5 § 1831-b. Exercise of power of eminent domain; limitations. The local 6 legislative body of each city, town, or village in which the authority 7 seeks to exercise the power of eminent domain shall have the authority 8 to approve or disapprove any exercise of such power by the authority. 9 Every such local legislative body shall approve or disapprove any exer- 10 cise of such power by majority vote. Where applicable in the enactment 11 of local laws, the chief executive officer of such locality if the 12 office of such chief executive officer is elective shall approve or 13 disapprove such local legislative body's decision, subject to any appli- 14 cable right to override. 15 § 3. Paragraph (i) of section 1411 of the not-for-profit corporation 16 law is relettered paragraph (j) and a new paragraph (i) is added to read 17 as follows: 18 (i) Municipal input. 19 The local legislative body of each city, town, or village in which any 20 part of the real property to be acquired is located shall have the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05432-01-9S. 1553 2 A. 1328 1 authority to approve or disapprove any corporation's use of eminent 2 domain. Each such local legislative body shall approve or disapprove any 3 proposed corporate use of the power of eminent domain by majority vote. 4 Where applicable in the enactment of local laws, the chief executive 5 officer of such locality if the office of such chief executive officer 6 is elective shall approve or disapprove such governing body's decision, 7 subject to any applicable right to override. 8 § 4. The general municipal law is amended by adding a new section 9 858-c to read as follows: 10 § 858-c. Municipal input. The governing body of each city, town, or 11 village for whose benefit, in whole or in part, an agency is established 12 shall have the authority to approve or disapprove any agency use of 13 eminent domain. Each such governing body shall approve or disapprove the 14 use of eminent domain by majority vote. Where applicable in the enact- 15 ment of local laws, the chief executive officer of such locality if the 16 office of such chief executive officer is elective shall approve or 17 disapprove such governing body's decision, subject to any applicable 18 right to override. 19 § 5. Section 103 of the eminent domain procedure law is amended by 20 adding two new subdivisions (H) and (I) to read as follows: 21 (H) "Economic development project" means any project for which acqui- 22 sition of real property may be required for a public use, benefit, or 23 purpose where such public use, benefit, or purpose is primarily for 24 economic development and where the condemnee's real property is a home 25 or dwelling. 26 (I) For the purposes of article two of this chapter: 27 (1) "Home" means owner-occupied residential premises consisting of not 28 more than six dwelling units. 29 (2) "Dwelling" means residential premises consisting of not more than 30 thirty dwelling units, none of which is occupied by an owner of such 31 premises. 32 (3) In the case of cooperative apartment corporations, title to that 33 portion of real property owned by a cooperative apartment corporation in 34 which a tenant-stockholder of such corporation resides, and which is 35 represented by his or her share or shares of stock in such corporation 36 as determined by its or their proportional relationship to the total 37 outstanding stock of the corporation, including that owned by the corpo- 38 ration, shall be deemed to be vested in such tenant-stockholder notwith- 39 standing the number of dwelling units in such residential premises, thus 40 qualifying a cooperative apartment as a home. 41 § 6. Subdivision (B) of section 204 of the eminent domain procedure 42 law is amended to read as follows: 43 (B) The condemnor, in its determination and findings, shall specify, 44 but shall not be limited to the following: 45 (1) the public use, benefit or purpose to be served by the proposed 46 public project; 47 (2) the approximate location for the proposed public project and the 48 reasons for the selection of that location; 49 (3) the general effect of the proposed project on the environment and 50 residents of the locality; 51 (4) a declaration to such effect if the primary public purpose is 52 determined to be for economic development where one or more condemnees' 53 homes or dwellings are to be affected; and 54 (5) such other factors as it considers relevant. 55 § 7. The eminent domain procedure law is amended by adding a new 56 section 204-a to read as follows:S. 1553 3 A. 1328 1 § 204-a. Economic development condemnation findings and homeowner 2 protection. (A) If the condemnor determines pursuant to paragraph four 3 of subdivision (B) of section two hundred four of this article that the 4 primary public purpose or benefit is for economic development, the 5 condemnor, in cooperation with the government of the locality in which 6 the real property to be acquired is located shall prepare a comprehen- 7 sive economic development plan for the affected area. The comprehensive 8 economic development plan shall include, but not be limited to, the 9 actual or expected benefits of the project, including the expected 10 increased tax revenue or expected creation of jobs, the types of busi- 11 nesses or industry that will use the condemned property, and alterna- 12 tives to the plan. When a draft comprehensive economic development plan 13 is created, the condemnor, in cooperation with the government of the 14 locality in which the real property to be acquired is located shall hold 15 at least one public hearing to compile and analyze public input. The 16 public hearing shall be held in accordance with the provisions of this 17 article at a location reasonably proximate to the real property which 18 may be acquired for such project. Thereafter, the condemnor shall 19 complete a final comprehensive economic development plan to be submitted 20 to the local legislative body, subject to any applicable right to over- 21 ride for its approval. To move forward with the project, the local 22 legislative body must approve the plan by a majority vote, and it must 23 also be approved by the chief executive officer of such locality if the 24 office of such chief executive officer is elective. 25 (B) The condemnor shall also create a homeowner impact assessment 26 statement. The condemnor, in the homeowner impact assessment statement, 27 shall assess the actual harm to affected condemnees' that would lose 28 their homes or dwellings and compare such harm with the reasonably 29 expected community benefits, including but not limited to how the 30 condemnor justifies the taking of the condemnees' homes or dwellings. 31 The homeowner impact assessment statement shall be completed simultane- 32 ously with the comprehensive economic development plan under subdivision 33 (A) of this section. The homeowner impact assessment statement shall be 34 made widely available. 35 (C) In cases where a condemnee's home or dwelling is acquired for an 36 economic development project, the condemnor shall, in addition to any 37 other compensation requirements under this article, compensate the 38 condemnee a minimum of one hundred fifty percent of the fair market 39 value of the real property. Residents who are displaced by the economic 40 development project shall also be compensated at least one hundred fifty 41 percent of the annual rent of such dwelling. 42 § 8. Subdivision (A) of section 207 of the eminent domain procedure 43 law, as amended by chapter 356 of the laws of 1982, is amended to read 44 as follows: 45 (A) Any person or persons jointly or severally, aggrieved by the 46 condemnor's determination and findings made pursuant to section two 47 hundred four of this article, may seek judicial review thereof by the 48 appellate division of the supreme court, in the judicial department 49 embracing the county wherein the proposed facility is located by the 50 filing of a petition in such court within [thirty] ninety days after the 51 condemnor's completion of its publication of its determination and find- 52 ings pursuant to section two hundred four [herein] of this article. Such 53 petition shall be accompanied by proof of service of a demand on the 54 condemnor to file with said court a copy of a written transcript of the 55 record of the proceeding before it, and a copy of its determination and 56 findings. Upon receipt of such petition and demand, the condemnor shallS. 1553 4 A. 1328 1 forthwith deliver to the court a copy of the record and a copy of its 2 determination and findings. The proceeding shall be heard on the record 3 without requirement of reproduction. If such proposed public improvement 4 is located in more than one judicial department, such proceeding may be 5 brought in any one, but only one, of such departments, and all such 6 proceedings with relation to any single public project shall be consol- 7 idated with that first filed. If the condemnor substantially alters the 8 scope of the project or the determination and findings, then the condem- 9 nee shall have an additional ninety days from the condemnor's publica- 10 tion of such alteration, which publication is hereby required, to seek 11 judicial review under this section. 12 § 9. This act shall take effect on the one hundred twentieth day after 13 it shall have become a law.
