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History
- Referred to judiciary
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Relates to eminent domain in N.Y. city
In Senate Committee · Corporations, Authorities And Commissions · Sponsor Velmanette Montgomery
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:A10296
Title of bill
An act to amend the public authorities law, in relation to eminent domain in cities with a population of one million or more
Purpose
To amend the public authorities law authorizing the city coun- cil to approve or disapprove by a majority vote any public authorities or public benefit corporation's use of eminent domain.
Summary of provisions
Adds new section 2901 to the public authorities law authorizing the city council in cities with a population of one million or more to approve or disapprove by a majority vote any public authorities or public benefit corporation's use of eminent domain. The city council is also required to hold at least one official public hear- ing on the proposed action prior to voting.
Justification
Continued scrutiny of public authorities and the recent Supreme Court eminent domain decision illustrate the need for greater local control over takings by public authorities. The continued work by the Assembly Corporations committee as well as others illustrates the fundamental problem with public authorities. They have public missions but are isolated from traditional democratic pressure, and therefore lack accountability to the people of this State. This fundamental prob- lem is evidenced in takings cases. Most authorities have eminent domain power that can be exercised even over the objection of local govern- ments. The statutory power of eminent domain coupled with the recent Supreme Court decision (Kelo v. City of New London) is the clarion call for reform.
This bill would safeguard the interests of the public and communities around this State by adding more traditional democratic control and oversight over the use of takings by public authorities. This bill would ensure that use of eminent domain by public authorities is adequately scrutinized by local elected officials following and that the public has an opportunity to comment on projects/proposals that impact on their quality of life.
Legislative history
2005-2006: S.5949 Died in Committee
Fiscal implications
Not known.
Effective date
This act shall take effect on the ninetieth day after it becomes law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.