What's happening
This bill establishes a clear, specific definition of "blighted property" for eminent domain actions and amends related New York laws.
Why it matters
Narrows and clarifies when the government can use eminent domain to take property for "blight". The bill lays out a specific, detailed list of conditions that must be met for a property or area to be declared "blighted," such as severe structural issues, abandonment, environmental contamination, or unresolved public nuisances. This protects property owners from vague or overly broad use of eminent domain.
Requires public documentation and due process before property can be seized. Condemnors (the government or developers seeking to use eminent domain) must provide written findings showing exactly how a property meets the new blight criteria, and owners must be given notice and opportunity to fix problems before seizure. This increases transparency and gives owners a clearer pathway to avoid losing their property.
Prevents potential abuse by developers and government. The legislation blocks properties from being labeled blighted if their poor condition is due to deliberate neglect by a developer or government inaction (e.g., failing to provide utilities), and excludes farmland and certain rural properties from being considered blighted. This helps safeguard against manipulative practices that could otherwise force sales for private development.
Standardizes blight language across related laws. By amending the definition of blight in multiple New York statutes, the bill ensures consistency in how "blighted" is interpreted for urban renewal and development programs, reducing legal ambiguity and potential loopholes. This gives property owners and municipalities clearer rules and expectations statewide.
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Define Blighted Property Rules
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to judiciary
- 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.
Define Blighted Properties
In Assembly Committee · Judiciary · Sponsor Amy Paulin
Full text
7 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3136
2019-2020 Regular Sessions
IN SENATE
February 4, 2019
Introduced by Sen. MYRIE -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary
AN ACT to amend the eminent domain procedure law, in relation to designating blighted property and blighted areas; to amend the New York state urban development corporation act, in relation to the definition of blight and substandard or insanitary area; and to amend the general municipal law and the New York state urban development and research corporation act, in relation to substandard and insanitary areas
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 103 of the eminent domain procedure law is amended by adding a new subdivision (H) to read as follows:
(H) "Blighted property" and "blighted area" means property that is declared blighted under section two hundred four-a of this chapter.
§ 2. Subdivision (B) of section 204 of the eminent domain procedure law is amended by adding a new closing paragraph to read as follows:
A condemnor shall not take action against a property or area when the public use, benefit, or purpose to be served by the proposed public project is to remedy blight, unless such property or area satisfies the definition of "blighted property or blighted area" as defined by section two hundred four-a of this article. The condemnor shall include such findings in its determination and findings pursuant to this subdivision in order to take action against an area or property to remedy blight.
§ 3. The eminent domain procedure law is amended by adding a new section 204-a to read as follows:
§ 204-a. Blighted property and blighted areas. (A) Subject to the exceptions listed in paragraph two of subdivision (B) of this section, any single property may be declared blighted if:
(1) (a) (I) The property is unfit for human habitation due to identifiable conditions that endanger the life, health and safety of the owners, occupants, or general public. Conditions rendering property
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00629-01-9
S. 3136 2
unfit for human habitation include, but are not limited to, structural defects, dilapidation, deterioration, vermin infestation, health hazards, fire hazards, lack of proper sanitary facilities, obsolete systems of utilities, or inadequate maintenance; or
(II) The property has deteriorated to the point where:
1. the building is structurally unsound or poses an immediate threat to life or other property; or
2. the cost of rehabilitation significantly exceeds the post-rehabilitation market value.
(b) The owner fails to remedy subparagraph (a) of this paragraph within a reasonable time after receiving notice of violation by the appropriate governing body requiring the owner to:
(I) rehabilitate the building to conform to minimum code habitability requirements; or
(II) demolish the building for health and safety reasons.
(2) The property is abandoned. Property shall be deemed abandoned if:
(a) Property is unoccupied and has been tax delinquent for at least two years; or
(b) A building is unoccupied by the owner or tenants, is unfit for human habitation, and has deteriorated to the point where:
(I) The building is structurally unsound or poses an immediate threat to life or other property; or
(II) The cost of rehabilitation significantly exceeds the post-rehabilitation market value; and
(III) The owner is unknown or the owner fails to respond within six months to a violation notice from the appropriate governing body requiring the owner to:
1. rehabilitate the building to conform to minimum habitability requirements; or
2. demolish the building for health and safety reasons.
(3) A vacant lot on which a building has been demolished and for which a municipal lien for demolition costs remains unpaid for six months.
(4) Property that is environmentally contaminated requiring remediation for current or future use under state or federal law, if the owner fails to remedy the problem within six months of receiving notice of violation from the appropriate governing body.
(5) A premises which, because of physical condition or use, is regarded as a public nuisance at common law or has been declared a public nuisance under a statute or an applicable municipal code, and the owner fails to abate the nuisance within six months of receiving notice of violation from the appropriate governing body.
(6) Defective or unusual conditions of title that make the free transfer or alienation of the property impossible.
(7) Property that is occupied or unoccupied has tax delinquencies exceeding the value of the property.
(B) Notwithstanding the provisions of subdivision (A) of this section, the following exceptions shall apply:
(1) Property shall in no case be declared blighted if it meets one or more of the following criteria:
(a) Vacant and unimproved property located in any rural or suburban area which is not served by existing utilities.
(b) Property which satisfies the definition of "farm woodland", "land used in agricultural production", "unique and irreplaceable agricultural land", or "viable agricultural land", as those terms are defined in section three hundred one of the agriculture and markets law.
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(2) For purposes of this section, if a developer or condemner involved in a redevelopment project has caused or brought about by action or inaction or maintained for more than seven years a condition listed in subdivision (A) of this section within the proposed project area, that condition may not be used in the determination of blight.
(3) For purposes of this section, if property located in an urbanized area generally served by municipal infrastructure and utilities meets one or more of the conditions listed in subdivision (A) of this section due to failure on the part of the appropriate governing body to provide necessary utility services and/or infrastructure, that condition may not be used in the determination of blight.
(C) Multiple properties and project areas may be declared blighted.
(1) A condemner may use eminent domain to acquire any unit of property within a blighted project area.
(2) For purposes of acquiring multiple units of property by eminent domain, an area may be declared generally blighted only if a majority of the individual parcels in the area are declared blighted under subdivision (A) of this section and represent a majority of the geographic area of the project.
(3) Properties owned by a developer or condemner involved in a redevelopment project may be included in any blighted project area determination.
(D) For purposes of this section, a building containing multiple units shall be treated as a single property.
(E) Before a property may be declared blighted pursuant to this section, the condemner shall:
(1) In the case of a single property, make written findings identifying the specific conditions which render the property blighted under subdivision (A) of this section;
(2) In the case of multiple properties or project areas, make written findings demonstrating that the conditions of subdivision (C) have been met. In order to demonstrate that a majority of the individual parcels are blighted and comprise a majority of the geographical area of the project, each blighted property must be identified and the specific conditions rendering it blighted under subdivision (A) of this section must be identified.
(F) Any declaration made pursuant to this section shall be valid for a period of up to fifteen years.
§ 4. Section 206 of the eminent domain procedure law, subdivision (E) as added by chapter 468 of the laws of 1978, is amended to read as follows:
§ 206. Exemptions. The condemnor shall be exempt from compliance with the provisions of this article when:
(A) pursuant to other state, federal, or local law or regulation it considers and submits factors [similar to those] enumerated in subdivision (B) of section two hundred four, to a state, federal or local governmental agency, board or commission before proceeding with the acquisition and obtains a license, a permit, a certificate of public convenience or necessity or other similar approval from such agency, board, or commission or;
(B) pursuant to article VII [or article VIII] of the public service law it obtained a certificate of environmental compatibility and public need or;
(C) pursuant to other law or regulation it undergoes or conducts [or offers to conduct] prior to an acquisition one or more public hearings upon notice to the public and owners of property to be acquired, and
S. 3136 4
provided further that factors [similar to those] enumerated in subdivision (B) of section two hundred four herein [may] shall be considered at such public hearings, or;
(D) when in the opinion of the condemnor the acquisition is de minimis in nature so that the public interest will not be prejudiced by the construction of the project or because of an emergency situation the public interest will be endangered by any delay caused by the public hearing requirement in this article.
(E) when it complies with the procedures contained in section 41.34 of the mental hygiene law.
§ 5. Section 3 of section 1 of chapter 174 of the laws of 1968, constituting the New York state urban development corporation act, is amended by adding a new subdivision 31 to read as follows:
(31) "Blighted property" and "blighted area". Property that is declared blighted under section 204-a of the eminent domain procedure law.
§ 6. Subdivision 12 of section 3 of section 1 of chapter 174 of the laws of 1968, constituting the New York state urban development corporation act, is amended to read as follows:
(12) "Substandard or insanitary area". The term "substandard or insanitary area" shall mean and be interchangeable with a [slum,] blighted[, deteriorated or deteriorating] area, or an area which has a blighting influence on the surrounding area, whether residential, non-residential, commercial, industrial, vacant or land in highways, waterways, railway and subway tracks and yards, bridge and tunnel approaches and entrances, or other similar facilities, over which air rights and easements or other rights of user necessary for the use and development of such air rights, to be developed as air rights sites for the elimination of the blighting influence, or any combination thereof and may include land, buildings or improvements, or air rights and concomitant easements or other rights of user necessary for the use and development of such air rights not in themselves substandard or insanitary.
§ 7. The second and the sixth undesignated paragraphs of section 2 of section 1 of chapter 174 of the laws of 1968, constituting the New York state urban development corporation act, are amended to read as follows:
It is further found and declared that there exist in many municipalities within this state residential, nonresidential, commercial, industrial or vacant areas, and combinations thereof, which are [slum or] blighted, or which are becoming [slum or] blighted areas because of substandard[,] or insanitary conditions, [deteriorated or deteriorating conditions, including obsolete and dilapidated buildings and structures, defective construction, outmoded design, lack of proper sanitary facilities or adequate fire or safety protection, excessive land coverage, insufficient light and ventilation, excessive population density, illegal uses and conversions, inadequate maintenance, buildings abandoned or not utilized in whole or substantial part, obsolete systems of utilities, poorly or improperly designed street patterns and intersections, inadequate access to areas, traffic congestion hazardous to the public safety, lack of suitable off-street parking, inadequate loading and unloading facilities, impractical street widths, sizes and shapes, blocks and lots of irregular form, shape or insufficient size, width or depth, unsuitable topography, subsoil or other physical conditions, all of] which hamper or impede proper and economic development of such areas and which impair or arrest the sound growth of the area, community or municipality, and the state as a whole.
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It is further declared to be the policy of the state to promote the safety, health, morals and welfare of the people of the state and to promote the sound growth and development of our municipalities through the correction of such substandard, insanitary[,] or blighted[, deteriorated or deteriorating] conditions, factors and characteristics by the clearance, replanning, reconstruction, redevelopment, rehabilitation, restoration or conservation of such areas, and of areas reasonably accessible thereto the undertaking of public and private improvement programs related thereto, including the provision of educational, recreational and cultural facilities, and the encouragement of participation in these programs by private enterprise.
§ 8. Paragraph (d) of subdivision 6 of section 16-n of section 1 of chapter 174 of the laws of 1968, constituting the New York state urban development corporation act, as added by section 2 of part C-2 of chapter 109 of the laws of 2006, is amended to read as follows:
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the eminent domain procedure law, in relation to desig- nating blighted property and blighted areas; to amend the New York state urban development corporation act, in relation to the definition of blight and substandard or insanitary area; and to amend the general municipal law and the New York state urban development and research corporation act, in relation to substandard and insanitary areas
Purpose
To provide an objective, measurable standard for determining whether a property, group of properties or an area is "blighted" in the context of the exercise of eminent domain, as well as to narrow the definition of "substandard or insanitary area" found in multiple provisions of the law.
Summary of provisions
Section 1 amends Section 103 of the Eminent Domain Procedure Law ("EDPL") to add a definition of "blighted property" and "blighted area" to conform with the newly added Section 204-a, found in Section 3 of this bill.
Read the full memo (1,082 words)
Section 2 amends subdivision B of Section 204 of the EDPL to add a clos- ing paragraph requiring a condemner to include findings that satisfy the definition of "blighted property or blighted area" if the condemner is exercising eminent domain to remedy blight.
Section 3 amends the EDPL to add a new section 204-a with an objective definition of blighted property and blighted areas. A property or group of properties would be found to be blighted only if they met certain detailed criteria. Further, certain properties are listed as exempt from a blight determination. Also, in order for an area to be found to be blighted, a majority of the individual properties would have to be found to be blighted, and these properties would have to represent a geograph- ical majority of the redevelopment area. A condemner must make written findings on the conditions that constitute blight. Finally, a declara- tion of blight would be valid for up to fifteen years.
Section 4 amends Section 206 of the EDPL to require the use of the factors found in subdivision B of Section 204 of the EDPL in situations where the condemner is exempt from the EDPL procedure.
Section 5 amends Section (1)(3) of the Urban Development Corporation Act ("UDCA") by adding a new subdivision to incorporate the definition of "blighted property" and "blighted area" established in EDPL Section 204-a.
Section 6 amends Section (3)(12) of the UDCA to remove the teens "slum" and "deteriorated or deteriorating" from the definition of "substandard or insanitary area."
Section 7 amends Section (1)(2) of the UDCA to remove the terms "slum" and "deteriorated or deteriorating" from the legislative findings.
Section 8 amends subdivision 6(d) of Section (1)(16-n) to remove the term "deteriorated" from the types of properties subject to a municipal inventory and assessment for in kind contributions.
Section 9 amends Section 501 of the General Municipal Law ("GML") to remove the terms "slum" and "deteriorated or deteriorating" from the policy and purposes.
Section 10 amends subdivision 4 of Section 502 of the GML to remove the terms "slum" and "deteriorated or deteriorating" from the definition of "substandard or insanitary area."
Section 11 amends subdivision 5 of Section 510 of the GML to remove "slum areas" and "deteriorated or deteriorating" from the types of prop- erties that can be acquired through community renewal programs, so that blight is the sole standard.
Section 12 amends Section 520 of the GML to remove "slum" and "deteri- orated or deteriorating" from the types of properties subject to urban renewal projects.
Section 13 amends Section (1)(2) of the Urban Development and Research Corporation Act ("UDRCA") to remove "deterioration" from the statement of legislative findings.
Section 14 provides that the act will take effect immediately.
Justification
That "private property shall not be taken for public use without just compensation" is a right guaranteed by the New York Constitution. The words "public use" are meant to protect property owners from the State's power to transfer property from one private property owner to another. Over the last decade, courts have considered the question of whether economic development constitutes a "public use." In the most notable of these cases, Kelo v. City of New London, the Supreme Court allowed for the forcible transfer of property from one private owner to another in support of economic development. This decision has prompted legislative reform in forty-three states and it is time for New York to follow suit.
In a decision by the New York Court of Appeals addressing the use of eminent domain in the context of economic development, Chief Judge Lipp- man stated that "it may be that the bar has now been set too low that what will now pass as 'blight,' as that expression has been come to be understood and used by political appointees to public corporations rely- ing upon studies paid for by developers, should not be permitted to constitute a predicate for the invasion of property rights and the razing of homes and businesses. But any such limitation upon the sover- eign power of eminent domain as it has come to be defined in the urban renewal context is a matter for the Legislature, not the courts." Matter of Goldstein v. New York State Urban Dev., (2009 NY Slip op 08677) (emphasis added). This bill is in response to Chief Judge Lippman's invitation to further define blight.
This bill provides objective, quantifiable standards by which to deter- mine whether a property or area is indeed blighted. It will ensure that condemners under the Urban Development Corporation Act, General Munici- pal Law, Urban Development and Research Corporation Act, and the Eminent Domain Procedure Law use consistent and predictable factors related to the public's health and safety to evaluate the blight status of a neigh- borhood. The bill requires that a majority of the properties within the redevelopment area be considered blighted and that these properties cover a majority of the geographical area of the project.
Eminent domain can be a useful and even necessary tool for urban rede- velopment, particularly for older built-out cities like those in New York State. Its application, however, must balance the rights of proper- ty owners with the need for economic development. This bill provides much needed standards to be used when such rights are balanced against the need for development.
Legislative history
2018: A.2419, Referred to Judiciary / S.7968, Referred to Judiciary 2017: A.2419, Referred to Judiciary 2015-16: A.5242, Referred to Judiciary / S.4891, Referred to judiciary
Fiscal implications
None.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.