Creates a temporary commission on eminent domain reform to examine, evaluate and make recommendations concerning the scope and effectiveness of eminent domain procedure laws and the use of such power by public entities; makes a $100,000 appropriation to fund such temporary commission.
STATE OF NEW YORK
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3517
2013-2014 Regular Sessions
IN SENATE
February 5, 2013
___________
Introduced by Sen. O'BRIEN -- read twice and ordered printed, and when
printed to be committed to the Committee on Finance
AN ACT to provide for the creation of a temporary state commission to
examine eminent domain laws and make recommendations for further
reforms; and making an appropriation therefor
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. A temporary commission on eminent domain reform is hereby
2 created to examine, evaluate, and make recommendations concerning the
3 scope and effectiveness of the eminent domain procedure law.
4 1. Legislative findings and intent. The legislature hereby finds and
5 declares that eminent domain is an important tool for government to move
6 forward on important public projects. However, there needs to be a thor-
7 ough examination of the eminent domain procedure law to determine if any
8 changes need to be made to current law to clarify the rights of property
9 owners. There needs to be a balance between the needs of society and
10 the constitutional power of government to exercise its eminent domain
11 powers, and the constitutional liberty and property rights of the
12 people.
13 2. A temporary state commission, to be known as the commission on
14 eminent domain reform, hereinafter referred to as the commission, is
15 hereby created to examine, evaluate, and make recommendations concerning
16 the scope and effectiveness of the eminent domain procedure law and the
17 legislature's grant to certain public and other entities to exercise the
18 power of eminent domain. Specifically the commission shall examine at
19 least the following:
20 (a) the appropriate constitutional standard for condemnation
21 proceedings used for economic development purposes;
22 (b) the procedural fairness of the eminent domain procedure laws,
23 including statutory definitions thereunder;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06995-01-3
S. 3517 2
1 (c) the need for the creation of an eminent domain ombudsman to serve
2 as an independent office to safeguard the rights of property owners and
3 provide information regarding the eminent domain procedure law; and
4 (d) just compensation provided to affected property owners.
5 3. The commission shall consist of thirteen members, to be appointed
6 as follows: seven members to be appointed by the governor; three of
7 which shall be representatives of local governments and three shall be
8 property rights advocates to be appointed by and with the advice and
9 consent of the senate; two members to be appointed by the temporary
10 president of the senate; two members to be appointed by the speaker of
11 the assembly; one member to be appointed by the minority leader of the
12 senate; one member to be appointed by the minority leader of the assem-
13 bly. The appointees shall have demonstrated expertise in the field of
14 eminent domain law. The governor shall designate the chairperson and
15 vice-chairperson of the commission. Vacancies in the membership of the
16 commission and among its officers shall be filled in the manner provided
17 for original appointments or designations. The legislative leaders and
18 the governor shall make his or her appointments no later than ninety
19 days after the effective date of this act. If any such appointment is
20 not made by such date, the appointing officer may make the appointment
21 after such date, but the vacant appointment shall not count for calcu-
22 lation of a quorum until it is filled. Vacancies in the commission shall
23 be filled in the same manner as the member whose vacancy is being filled
24 was appointed.
25 4. The members of the commission shall receive no compensation for
26 their services, but shall be allowed their actual and necessary expenses
27 incurred in the performance of their duties hereunder. To the maximum
28 extent feasible, the commission shall be entitled to request and receive
29 and shall utilize and be provided with such facilities, resources, and
30 data of any court, department, division, board, bureau, commission, or
31 agency of the state or any political subdivision thereof as it deems
32 necessary or desirable to carry out properly its powers and duties here-
33 under.
34 5. The commission shall begin to act ninety days after the effective
35 date of this act. A quorum shall consist of a majority of the members of
36 the commission entitled to vote on the matter under consideration.
37 Approval of any matter shall require the affirmative vote of a majority
38 of the members voting thereon.
39 6. The commission may employ and at pleasure remove such personnel as
40 it may deem necessary for the performance of its functions and fix their
41 compensation within the amounts made available therefor.
42 7. The commission may meet within and without the state, shall hold
43 public hearings, and shall have all the powers of a legislative commit-
44 tee pursuant to the legislative law.
45 8. The commission shall submit its findings and recommendations in a
46 report to the governor, the temporary president of the senate, and the
47 speaker of the assembly not later than one year after it first convenes.
48 § 2. The sum of one hundred thousand dollars ($100,000), or so much
49 thereof as may be necessary, is hereby appropriated to pay the expenses
50 incurred, including personal service, in carrying out the provisions of
51 subdivision six of section one of this act. Such moneys shall be payable
52 out of the state treasury in the general fund to the credit of the state
53 purposes account after audit by and on the warrant of the comptroller
54 upon vouchers certified or approved by the chairperson or vice-chairper-
55 son of the commission as prescribed by law.
S. 3517 3
1 § 3. This act shall take effect immediately; provided further that the
2 temporary state commission established pursuant to section one of this
3 act shall expire and be terminated on the first day next succeeding the
4 date of the submission of its report as provided in subdivision eight of
5 section one of this act; and provided further, however that the chair-
6 person of the temporary commission on eminent domain reform shall notify
7 the legislative bill drafting commission upon the submission of its
8 report as provided for in subdivision eight of section one of this act
9 in order that the commission may maintain an accurate and timely effec-
10 tive data base of the official text of the laws of the state of New York
11 in furtherance of effecting the provisions of section 44 of the legisla-
12 tive law and section 70-b of the public officers law.
