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History
- Committee discharged and committed to corporations, authorities and commissions
- Referred to finance
- Referred to finance
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.
Creates a temporary state commission to consider the scope and effectiveness of eminent domain laws and balance society's needs with the peoples rights; appropriation
In Assembly Committee · Judiciary · Sponsor Richard Brodsky
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act providing for the creation of a temporary state commission to examine eminent domain laws and make recommendations for reforms thereof and making an appropriation therefor
Purpose or general idea
To create a commission of experts to study and make recommendations concerning the state's Eminent Domain Procedure Law as well as examine the constitutional test for eminent domain.
Summary of specific provisions
Establishes a temporary commission to examine New York's eminent domain law, as well as the appropriate constitutional standard to be applied in eminent domain cases where the primary public use is economic development.
Justification
Eminent domain is an awesome power granted to state and local governments by the state and U.S. constitutions. The exercise of eminent domain is an essential power for government to move forward on important public projects. However, investigations by the Legislature, as well as the recent United States Supreme Court decision, KELO V. CITY OF NEW LONDON , 125 S.Ct. 2655, 162 L.Ed.2d 439, 73 USLW 4552, underscore the potential for further eminent domain reform.
Comprehensive review by a panel of experts is a prudent and measured response to the Kelo decision and will provide the Legislature with a touchstone for an expansive debate over eminent domain reform.
Prior legislative history
2006: Senate Finance Committee/Assembly Judiciary Committee. 2007-08: Senate Finance Committee/Assembly Judiciary Committee
Fiscal implication for state and local governments
The bill contains an appropriation.
Effective date
This act shall take effect immediately; provided that the temporary state commission established pursuant to section two of this act shall expire and be terminated on the first day next succeeding the date of the submission of its report as provided in section seven of this act and; provided further, however, that the chairperson of the temporary commission on eminent domain reform shall notify the legislative bill drafting commission upon the submission of its report as provided for in section seven of this act in order that the commission may maintain an accurate and timely effective data base of the official text of the laws of the state of New York in furtherance of effecting the provisions of section 44 of the legislative law and section 70-b of the public officers law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.