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NY S04685

Bill

Status

Introduced

4/14/2011

Primary Sponsor

John Flanagan

Click for details

Origin

Senate

2011-2012 General Assembly

AI Summary

  • Requires local legislative bodies to approve or disapprove any exercise of eminent domain power by public authorities, not-for-profit corporations, and agencies within their jurisdiction by majority vote, with chief executive officer approval if applicable.

  • Mandates preparation of a comprehensive economic development plan when eminent domain is used primarily for economic development purposes affecting homes or dwellings, including public hearings and assessment of expected benefits like tax revenue and job creation.

  • Requires condemnors to create a homeowner impact assessment statement comparing actual harm to displaced homeowners with reasonably expected community benefits.

  • Increases compensation for homeowners whose homes or dwellings are taken for economic development projects to a minimum of 150 percent of fair market value; displaced renters receive at least 150 percent of annual rent.

  • Extends the judicial review period for challenging a condemnor's determination and findings from 30 days to 90 days, with an additional 90-day period if the project scope or findings are substantially altered.

Legislative Description

Requires the preparation of a comprehensive economic development plan for the use of eminent domain when the primary purpose is economic development and certain residential premises are to be acquired; requires municipal approval of the exercise of eminent domain power in such cases; enacts the "eminent domain reform act".

Last Action

COMMITTED TO RULES

6/21/2012

Committee Referrals

Rules6/21/2012
Commerce, Economic Development and Small Business4/14/2011

Full Bill Text

No bill text available