What's happening
This bill allows the New York City Council to approve or disapprove, by majority vote, any use of eminent domain by public authorities or benefit corporations in the city.
Why it matters
Gives the New York City Council direct oversight over eminent domain. decisions by public authorities and benefit corporations, potentially increasing local accountability and transparency for property takings.
Requires at least one public hearing near the affected property. before any eminent domain action can be approved, ensuring that local residents and stakeholders have a formal opportunity to voice concerns and participate in the process.
May slow or complicate certain development projects. (such as infrastructure or economic development initiatives) that rely on eminent domain, as council approval and public hearings add procedural steps and potential for disapproval.
Shifts some power away from state-controlled entities to the city government. , possibly resulting in project outcomes that better reflect local priorities and community sentiment.
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Who cares
Headline styles
City Council Controls Eminent Domain
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to corporations, authorities and commissions
- Referred to corporations, authorities and commissions
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.
City Council Controls Eminent Domain
In Assembly Committee · Judiciary · Sponsor Robert C. Carroll
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
723
2019-2020 Regular Sessions
IN SENATE (Prefiled)
January 9, 2019
Introduced by Sens. MONTGOMERY, KRUEGER -- read twice and ordered printed, and when printed to be committed to the Committee on Corporations, Authorities and Commissions
AN ACT to amend the public authorities law, in relation to authorizing the New York city council to approve or disapprove by a majority vote, any public authority's or public benefit corporation's use of eminent domain
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The title heading of title 6 of article 9 of the public authorities law, as added by chapter 307 of the laws of 1964 and such title as renumbered by chapter 838 of the laws of 1983, is amended and a new section 2901 is added to read as follows:
EMINENT DOMAIN TAKING; PROPERTY OF OR BY A PUBLIC
BENEFIT CORPORATION
§ 2901. Eminent domain; certain cities. In cities with a population of one million or more in which any part of the real property to be acquired is located, the city council shall have the authority to approve or disapprove any public authority's or public benefit corporation's use of eminent domain. The city council shall approve or disapprove any proposed use of the power of eminent domain by majority vote. Prior to such vote, such city council shall hold at least one official public hearing on such matter at a location reasonably proximate to the property which may be acquired.
§ 2. This act shall take effect on the ninetieth day after it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02016-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the public authorities law, in relation to authorizing the New York city council to approve or disap- prove by a majority vote, any public authority's or public benefit corporation's use of eminent domain
Purpose
To amend the public authorities law authorizing the New York city coun- cil to approve or disapprove by a majority vote, any public authority's 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 impli- cations 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 oppor- tunity 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.