Montesano Signs On To Bill To Prevent Eminent Domain Abuse

2009 legislation reintroduced this year
January 30, 2012

Assemblyman Michael A. Montesano has signed on to legislation, reintroduced this session by Assemblyman Samuel Roberts, which would limit the ability of local governments to take private property under the state’s eminent domain laws. A hotly contested issue across Long Island and the rest of the nation, eminent domain has increasingly involved the transfer of land from property owners to a private or semi-private entity for the purposes of raising government revenue. Assemblyman Montesano has signed on to legislation, which will be introduced shortly, to curb this abuse.

“The aim of this legislation is to prevent the heavy hand of government from claiming eminent domain for uses other than strictly public purposes,” said Montesano. “The bill I am supporting works to narrow New York State’s eminent domain laws to those public goods associated with government – not the flexible definition of private appropriation for public revenue enhancement, which has become a favored tactic of government bureaucrats. It is imperative that as a Legislature we work to bring this legislation to the floor for a vote in 2012 in order to prevent the continued abuse of eminent domain.”

This legislation was last introduced in the Assembly in 2009 by then-Assemblywoman Christensen as Assembly bill 3069. The measure includes that any eminent domain takings by a non-elected industrial development agency (IDA) board must be approved by the elected governing body of the municipality for whose benefit the agency was created and where the property proposed to be condemned is located. The bill further adds that the owner of the property being taken by eminent domain be paid relocation costs.

For more information on this or any other state matter, constituents are encouraged to contact Assemblyman Montesano at his Hicksville office at 516-937-3571 or find him on Facebook at