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Who cares
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Sponsors
1 Co-sponsor
History
- Referred to corporations, authorities and commissions
- Referred to corporations, authorities and commissions
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S1261
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 council 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 hearing on the proposed action prior to voting.
Justification
Continued scrutiny of public authorities and discussion over the implications of Supreme Court precedent which have widened the use of eminent domain illustrate the need for greater local control over takings by public authorities. Public authorities have public missions but are isolated from traditional democratic pressure, and therefore lack accountability to the people of this State. Many authorities even have eminent domain power that can be exercised over the objection of local governments. This dynamic was not contemplated by the founders when they placed limits on the use of eminent domain.
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 and that the public has an opportunity to comment on projects/proposals that impact on their quality of life.
Legislative history
First introduced in 2005. 2011-2012: S.2332 - Died in Committee 2013-2014: S.1423 - 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.