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ALBANY--The exercise of eminent domain in New York State will be the subject of a series of public hearings to be conducted by several committees of the NYS Assembly including the standing committees on judiciary, local governments and governmental operations.
The hearings will open Tuesday, Nov. 1 at 10 a.m. at the Roosevelt Hearing Room C, Legislative Office Building, in Albany and will examine the issues surrounding the exercise of eminent domain including those raised by the recent decision of the U.S. Supreme Court in Kelo v. City of New London, Conn. 125 S.Ct. 2655 (2005) and determine if legislation should be enacted in New York to further regulate the use of the power of eminent domain.
The state Senate recently completed a series of hearings on the subject.
The Assembly will hold other hearings on Nov. 2 at 10:30 a.m. in Syracuse at the Onondaga County Legislature Chambers and on Friday, Nov. 4 at 10:30 a.m. at the Assembly Hearing Room at 250 Broadway, Room 1923, in New York.
Testimony will be by invitation only.
The Kelo decision reaffirmed the power of local governments to seize private property for economic development purposes. The Court also approved the longstanding role of state Legislatures to restrict or expand this grant of authority.
The committees will receive testimony on the issues surrounding the sovereign exercise of eminent domain, including applicable constitutional standards and the role of local government approval when eminent domain is used by public authorities or public benefit corporations. Testimony may also address the use of eminent domain for purposes of economic development, including the use of comprehensive development plans and fiscal impact statements. Furthermore, issues significant to communities, such as public notice and due process protections, as well as compensation to adversely affected parties, may be discussed.
There have been a number of bills proposed in the Assembly to further regulate the power of eminent domain, some of which were proposed in response to the Kelo decision. Testimony is requested concerning these legislative proposals, which are detailed below.
A.2226 (O'Donnell) - This bill would require additional public hearings, determinations and findings when a condemnor makes amendments or alterations to its proposed public project after required public hearings.
A.8865 (Christensen) - This bill would require local government approval when eminent domain will be used to condemn land for the use of private developers.
A.9015 (Christensen) - This bill would require local government approval when the Onondaga County Industrial Development Agency approves the use of eminent domain.
A.9043A (Brodsky) - This bill would require local government approval when a public authority, not-for-profit corporation, or state agency approves the use of eminent domain. The bill would also require local government approval when the primary purpose is for economic development and would require payment of 150% of the fair market value of real property with private homes.
A.9050 (Tokasz) - This bill would enhance public and private notice requirements when the use of eminent domain is contemplated. It would also require comprehensive development plans when it is used for economic development and require payment of 125% of the fair market value of the real property with private homes.
A.9051 (Brodsky) - This bill would require the approval of the City Council in cities with a population of 1,000,000 or more when eminent domain is exercised by a public authority or public benefit corporation.
A.9060 (Brodsky) - This bill would establish a commission to examine the scope and effectiveness of the Eminent Domain Procedure Law.
Persons interested in testifying at the hearings may complete the form which can be found at http://assembly.state.ny.us 10-26-05
© 2005 North
Country Gazette
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