Bill Text: NY S03271 | 2017-2018 | 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) 2018-01-03 - REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS [S03271 Detail]
Download: New_York-2017-S03271-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3271 2017-2018 Regular Sessions IN SENATE January 20, 2017 ___________ Introduced by Sen. PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Commerce, Economic Devel- opment and Small Business 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. The local legislative body of each city, town, 19 or village in which any part of the real property to be acquired is 20 located shall have the authority to approve or disapprove any corpo- 21 ration's use of eminent domain. Each such local legislative body shall 22 approve or disapprove any proposed corporate use of the power of eminent 23 domain by majority vote. Where applicable in the enactment of local EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07511-01-7S. 3271 2 1 laws, the chief executive officer of such locality if the office of such 2 chief executive officer is elective shall approve or disapprove such 3 governing body's decision, subject to any applicable right to override. 4 § 4. The general municipal law is amended by adding a new section 5 858-c to read as follows: 6 § 858-c. Municipal input. The governing body of each city, town, or 7 village for whose benefit, in whole or in part, an agency is established 8 shall have the authority to approve or disapprove any agency use of 9 eminent domain. Each such governing body shall approve or disapprove the 10 use of eminent domain by majority vote. Where applicable in the enact- 11 ment 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 governing body's decision, subject to any applicable 14 right to override. 15 § 5. Section 103 of the eminent domain procedure law is amended by 16 adding two new subdivisions (H) and (I) to read as follows: 17 (H) "Economic development project" means any project for which acqui- 18 sition of real property may be required for a public use, benefit, or 19 purpose where such public use, benefit, or purpose is primarily for 20 economic development and where the condemnee's real property is a home 21 or dwelling. 22 (I) For the purposes of article two of this chapter: 23 (1) "Home" means owner-occupied residential premises consisting of not 24 more than six dwelling units. 25 (2) "Dwelling" means residential premises consisting of not more than 26 thirty dwelling units, none of which is occupied by an owner of such 27 premises. 28 (3) In the case of cooperative apartment corporations, title to that 29 portion of real property owned by a cooperative apartment corporation in 30 which a tenant-stockholder of such corporation resides, and which is 31 represented by his or her share or shares of stock in such corporation 32 as determined by its or their proportional relationship to the total 33 outstanding stock of the corporation, including that owned by the corpo- 34 ration, shall be deemed to be vested in such tenant-stockholder notwith- 35 standing the number of dwelling units in such residential premises, thus 36 qualifying a cooperative apartment as a home. 37 § 6. Subdivision (B) of section 204 of the eminent domain procedure 38 law is amended to read as follows: 39 (B) The condemnor, in its determination and findings, shall specify, 40 but shall not be limited to the following: 41 (1) the public use, benefit or purpose to be served by the proposed 42 public project; 43 (2) the approximate location for the proposed public project and the 44 reasons for the selection of that location; 45 (3) the general effect of the proposed project on the environment and 46 residents of the locality; 47 (4) a declaration to such effect if the primary public purpose is 48 determined to be for economic development where one or more condemnees' 49 homes or dwellings are to be affected; and 50 (5) such other factors as it considers relevant. 51 § 7. The eminent domain procedure law is amended by adding a new 52 section 204-a to read as follows: 53 § 204-a. Economic development condemnation findings and homeowner 54 protection. (A) If the condemnor determines pursuant to paragraph four 55 of subdivision (B) of section two hundred four of this article that the 56 primary public purpose or benefit is for economic development, theS. 3271 3 1 condemnor, in cooperation with the government of the locality in which 2 the real property to be acquired is located shall prepare a comprehen- 3 sive economic development plan for the affected area. The comprehensive 4 economic development plan shall include, but not be limited to, the 5 actual or expected benefits of the project, including the expected 6 increased tax revenue or expected creation of jobs, the types of busi- 7 nesses or industry that will use the condemned property, and alterna- 8 tives to the plan. When a draft comprehensive economic development plan 9 is created, the condemnor, in cooperation with the government of the 10 locality in which the real property to be acquired is located shall hold 11 at least one public hearing to compile and analyze public input. The 12 public hearing shall be held in accordance with the provisions of this 13 article at a location reasonably proximate to the real property which 14 may be acquired for such project. Thereafter, the condemnor shall 15 complete a final comprehensive economic development plan to be submitted 16 to the local legislative body, subject to any applicable right to over- 17 ride for its approval. To move forward with the project, the local 18 legislative body must approve the plan by a majority vote, and it must 19 also be approved by the chief executive officer of such locality if the 20 office of such chief executive officer is elective. 21 (B) The condemnor shall also create a homeowner impact assessment 22 statement. The condemnor, in the homeowner impact assessment statement, 23 shall assess the actual harm to affected condemnees' that would lose 24 their homes or dwellings and compare such harm with the reasonably 25 expected community benefits, including but not limited to how the 26 condemnor justifies the taking of the condemnees' homes or dwellings. 27 The homeowner impact assessment statement shall be completed simultane- 28 ously with the comprehensive economic development plan under subdivision 29 (A) of this section. The homeowner impact assessment statement shall be 30 made widely available. 31 (C) In cases where a condemnee's home or dwelling is acquired for an 32 economic development project, the condemnor shall, in addition to any 33 other compensation requirements under this article, compensate the 34 condemnee a minimum of one hundred fifty percent of the fair market 35 value of the real property. Residents who are displaced by the economic 36 development project shall also be compensated at least one hundred fifty 37 percent of the annual rent of such dwelling. 38 § 8. Subdivision (A) of section 207 of the eminent domain procedure 39 law, as amended by chapter 356 of the laws of 1982, is amended to read 40 as follows: 41 (A) Any person or persons jointly or severally, aggrieved by the 42 condemnor's determination and findings made pursuant to section two 43 hundred four of this article, may seek judicial review thereof by the 44 appellate division of the supreme court, in the judicial department 45 embracing the county wherein the proposed facility is located by the 46 filing of a petition in such court within [thirty] ninety days after the 47 condemnor's completion of its publication of its determination and find- 48 ings pursuant to section two hundred four [herein] of this article. Such 49 petition shall be accompanied by proof of service of a demand on the 50 condemnor to file with said court a copy of a written transcript of the 51 record of the proceeding before it, and a copy of its determination and 52 findings. Upon receipt of such petition and demand, the condemnor shall 53 forthwith deliver to the court a copy of the record and a copy of its 54 determination and findings. The proceeding shall be heard on the record 55 without requirement of reproduction. If such proposed public improvement 56 is located in more than one judicial department, such proceeding may beS. 3271 4 1 brought in any one, but only one, of such departments, and all such 2 proceedings with relation to any single public project shall be consol- 3 idated with that first filed. If the condemnor substantially alters the 4 scope of the project or the determination and findings, then the condem- 5 nee shall have an additional ninety days from the condemnor's publica- 6 tion of such alteration, which publication is hereby required, to seek 7 judicial review under this section. 8 § 9. This act shall take effect on the one hundred twentieth day after 9 it shall have become a law.
