STATE OF NEW YORK
________________________________________________________________________
2081
2009-2010 Regular Sessions
IN ASSEMBLY
January 15, 2009
___________
Introduced by M. of A. O'DONNELL -- Multi-Sponsored by -- M. of A. CLARK
-- read once and referred to the Committee on Judiciary
AN ACT to amend the eminent domain procedure law, in relation to amend-
ments for field conditions
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 205 of the eminent domain procedure law is amended
2 to read as follows:
3 § 205. Amendments for field conditions. [Subsequent to publishing its
4 determination and findings and only in the event that further study of
5 field conditions warrant, the condemnor shall have the right to make
6 amendments or alterations in its proposed public project to accommodate
7 such field conditions. Such amendments or alterations shall not require
8 further public hearings nor invalidate any acquisition for the proposed
9 public project.] (A) In the event that the condemnor decides to make
10 amendments or alterations to its proposed public project after the
11 conclusion of public hearings required pursuant to section two hundred
12 one of this article, the condemnor shall conduct a new public hearing or
13 public hearings in accordance with the provisions of this article. To
14 the extent that written or oral statements from previous public hearings
15 on the proposed public project are still applicable, such statements
16 shall continue to be considered, retained by the condemnor and made
17 available to the public for examination pursuant to section two hundred
18 three of this article.
19 (B) In the event that the condemnor decides to make amendments or
20 alterations to its proposed public project after the publishing of the
21 determinations and findings required by section two hundred four of this
22 article, then the condemnor, after conducting a new public hearing or
23 public hearings pursuant to subdivision (A) of this section, shall
24 publish a new determination and findings subject to the requirements of
25 section two hundred four of this article.
26 § 2. This act shall take effect on the thirtieth day after it shall
27 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03688-01-9
