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S931Senate2011-2012 Session

Provides that the power of eminent domain shall only be exercised for economic development purposes when the area for economic development is a blighted area

Sponsor Carl L. MarcellinoSD-5Affects Legal
Status
In Senate Committee
Judiciary
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Judiciary

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Sponsors

Primary sponsor
Carl L. Marcellino

Senator · Senate District 5

Chair, Investigations And Government Operations

No co-sponsors yet.

History

  1. Referred to judiciary
  2. Referred to judiciary

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

BILL NUMBER:S931

Title of bill

An act to amend the eminent domain procedure law, in relation to the exercise of the power of eminent domain to develop blighted areas of the state

Purpose

This bill provides that the power of eminent domain shall only be exercised for economic development purposes when the area for economic development is a blighted area.

Summary of provisions

Subdivision G of section 103 of the eminent domain procedure law is amended and a new subdivision H is added to provide that the power of eminent domain shall only be exercised for economic development purposes when the area for economic development is a blighted area.

Justification

Recently the United States Supreme Court condoned the taking of private property by a government through eminent domain for economic purposes. This decision grants far-reaching power for a government entity over individual property owners.

In order to protect New York State property owners, this legislation installs a safeguard that insures that when a government invokes eminent domain for economic purposes, it is only done in blighted areas. Eminent domain power should never be viewed as a quick fix for an economically challenged locality and certainly never for the sole purpose of increasing the tax base at the expense of a legitimate property owner.

This legislation creates the necessary restrictions on New York State Eminent Domain Law for the purposes of economic development.

Legislative history

S.5936 of 2006 S.612 of 2007/2008 S.591 of 2009/2010

Fiscal implications

None.

Effective date

This act shall take effect on the first of January next succeeding the date on which it shall have become a law.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.