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History
- Referred to transportation
- Referred to transportation
Companion bill
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Requires county highway acquisitions to be made pursuant to the eminent domain procedure law; repealers
In Assembly Committee · Transportation · Sponsor Harry B. Bronson
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S4919
Title of bill
An act to amend the highway law, in relation to requiring county highway acquisitions to be made pursuant to the eminent domain procedure law; and to repeal sections 121, 122 and 123 of such law relating thereto
Purpose
To amend and repeal certain nullified provisions of the Highway Law that are inconsistent with the Eminent Domain Procedure Law ("EDPL") which was adopted in 1978 and which was intended to be the exclusive means whereby property was taken via eminent domain in New York State.
Summary of provisions
This bill would amend Highway Law §§118 and 118-b to incorporate reference to the EDPL; repeal Highway Law § 120 and its companion Highway Law §§121-123 which relate to the acquisition of property and compensation by the now-defunct commissioners of appraisal; and introduce new Highway Law § 120 requiring that acquisition for county highway purposes be made pursuant to the EDPL.
Justification
In 1978, the legislature passed the EDPL, nullifying all inconsistent laws. The EDPL was very clear that it was intended to be the sole, exclusive means whereby property could be acquired by eminent domain in New York State. Because certain provisions of the Highway Law failed to reflect the passage of the EDPL and as a result provided for a mechanism of eminent domain inconsistent with the EDPL, and because continued use of the defunct sections of the Highway Law has resulted in the unequal treatment of property owners in New York and a deprivation of their constitutional right to due process, the repeal and amendment of the Highway Law is necessary.
Legislative history
The EDPL was passed in 1978, accompanied by a massive repealer act designed to eliminate inconsistent legislation. It was admitted at the time that a repealer of such magnitude would likely contain omissions which would be corrected over time. This bill does not repeal sections of the Highway Law and replace them with the EDPL - this was done in 1978. This bill corrects an omission and removes from the Highway Law language that is inconsistent with the EDPL. EDPL §70S governs inconsistent provisions in other laws and addresses the supremacy of the EDPL so that such repealer should not be necessary except for the confusion created within certain counties and courts caused by the continued existence of such laws that have been nullified by the EDPL.
Fiscal implications
None.
Effective date
This bill will take effect on the sixtieth day after it shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.