Bill Text: NY A00943 | 2017-2018 | General Assembly | Introduced
Bill Title: Extends the powers of municipal corporations to establish, own and operate public utility services by the power of eminent domain; provides that municipal corporations need not make a final decision on the acquisition of assets until the value of such assets has been determined.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-01-03 - referred to local governments [A00943 Detail]
Download: New_York-2017-A00943-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ S. 1604 A. 943 2017-2018 Regular Sessions SENATE - ASSEMBLY January 10, 2017 ___________ IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print- ed, and when printed to be committed to the Committee on Local Govern- ment IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once and referred to the Committee on Local Governments AN ACT to amend the general municipal law, in relation to the acquisi- tion of property by eminent domain The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The general municipal law is amended by adding a new 2 section 360-a to read as follows: 3 § 360-a. Acquisition of property by eminent domain. 1. Notwithstand- 4 ing the provisions of the eminent domain procedure law, the provisions 5 of this section shall apply to the acquisition of property for the 6 purposes enumerated in section three hundred sixty of this article by 7 the power of eminent domain, provided, however, to the extent that 8 provisions herein do not supersede or conflict with the provisions of 9 the eminent domain procedure law, the provisions of such law shall 10 apply. 11 2. When any real property is sought to be acquired by the exercise of 12 the power of eminent domain, and after the municipal corporation shall 13 have entered into negotiations for the purchase of such property, the 14 municipal corporation shall cause a survey and map to be made thereof 15 and shall cause such survey and map to be filed in its office and in the 16 office of the county clerk in the county in which such property is 17 located. There shall be annexed to such survey and map a certificate 18 executed by the chief executive officer of the municipal corporation or 19 by such other officer or employee as may be designated by the governing 20 board, stating that the property or interest therein described in such 21 survey and map is necessary for its purpose. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02096-01-7S. 1604 2 A. 943 1 3. Upon filing such survey and map, the municipal corporation shall 2 petition a special term of the supreme court in the judicial district in 3 which the property is located for the acquisition of such property or 4 interest therein. Such petition shall describe the property being 5 acquired, the valuation date, as determined by the municipal corpo- 6 ration, and such additional information as the municipal corporation may 7 reasonably deem necessary to facilitate the process of condemnation and 8 payment. The petition shall state that the municipal corporation will 9 elect whether or not to pay the amount of such award when it has been 10 finally determined. In all other respects, such petition shall be gener- 11 ally in the form prescribed by the eminent domain procedure law, so far 12 as consistent herewith. Such petition, together with a notice of penden- 13 cy of the proceeding, shall be filed in the office of the county clerk 14 of the county in which the property is located and shall be indexed and 15 recorded as provided by law. A copy of such petition, together with a 16 notice of the presentation thereof to such special term of the supreme 17 court, shall be served upon the owners of such property as provided in 18 the eminent domain procedure law. The municipal corporation may cause a 19 duplicate original affidavit of the service thereof to be recorded in 20 the books used for the recording of deeds in the office of the county 21 clerk of the county in which the property described in such notice is 22 located, and the recording of such affidavit shall be prima facie 23 evidence of due service thereof. 24 4. Subsequent proceedings shall be conducted generally in the manner 25 prescribed in the eminent domain procedure law except to the extent the 26 provisions thereof are inconsistent with the provisions of this article, 27 in which case the provisions of this article shall control. 28 5. In any proceeding involving the valuation of property taken by the 29 municipal corporation the supreme court shall ascertain and determine 30 just compensation for the property taken as of the valuation date, 31 giving due consideration to any applicable findings and determinations 32 of the legislature. 33 6. Should property be taken by the exercise of the power of eminent 34 domain and if the owner shall have agreed upon the compensation to be 35 paid therefor in settlement of the proceeding, then the owner shall be 36 entitled to payment of the agreed upon or awarded compensation within 37 one hundred eighty days after the date of the agreement upon the amount 38 of the compensation or of the entry of the award, together with interest 39 upon the amount of such compensation from the time of acquisition there- 40 of by the municipal corporation to the date of payment of such compen- 41 sation; but such interest shall cease upon the service by the municipal 42 corporation, upon the person or corporation entitled thereto, of a 43 fifteen days' notice that the municipal corporation is ready and willing 44 to pay the amount of such compensation upon the presentation of proper 45 proofs and vouchers. Such notice shall be served personally or by regis- 46 tered mail and publication thereof shall be made at least once a week 47 for three consecutive weeks in a daily newspaper of general circulation 48 in the county in which such property or any part thereof is located. 49 7. Upon the entry of an award finally determining just compensation 50 for the property, the municipal corporation shall have sixty days after 51 receipt of notice of entry of such award within which to elect to 52 proceed with the taking or to abandon such acquisition as provided in 53 subdivision nine of this section. Notice of such election shall be 54 served by the municipal corporation on the owners of such property in 55 the manner prescribed in subdivision three of this section. If the 56 municipal corporation elects to proceed with the acquisition, it shallS. 1604 3 A. 943 1 deposit with the supreme court in which the condemnation proceeding was 2 held an amount equal to the award within one hundred eighty days after 3 receipt by the municipal corporation of notice of entry of such award. 4 Upon the making of such deposit, the municipal corporation shall notify 5 the owner in writing of such deposit. The sum so deposited shall be 6 applied as provided in the eminent domain procedure law. Upon making 7 such deposit and giving such notice to the owner, title to all property 8 described in the notice of taking shall immediately vest in the munici- 9 pal corporation and the municipal corporation shall have immediate right 10 thereto. The order setting forth the award, together with the evidence 11 from the clerk of the court of receipt of the amount of the award, shall 12 be filed in the office of the county clerk of the county in which the 13 property is located and shall be indexed and recorded in the same manner 14 as a notice of pendency under the eminent domain procedure law. The 15 owner or person in possession of such property shall deliver possession 16 thereof to the municipal corporation upon demand, and in case possession 17 is not delivered when demanded or demand is not convenient because of 18 absence of the owner or inability to locate or determine the owner, the 19 municipal corporation may apply to the court without notice for an order 20 requiring the sheriff to put it into possession of such real property. 21 Such an order shall be executed as if it were an execution for the 22 delivery of the possession of the property. In the event the municipal 23 corporation elects to abandon the acquisition, the provisions of subdi- 24 vision nine of this section shall apply. 25 8. At any time the municipal corporation and its duly authorized 26 agents and employees may, on reasonable notice and during business 27 hours, enter upon any real property proposed to be acquired for the 28 purpose of making the surveys or maps mentioned in this section, or of 29 making such other surveys, inspections or examinations of real or 30 personal property as the municipal corporation may deem necessary or 31 convenient for the purposes of this article. 32 9. If the municipal corporation determines, in its sole discretion, 33 that the total cost of acquisition will exceed the maximum cost provided 34 for in the resolution adopted pursuant to subdivision three of section 35 three hundred sixty of this article, the municipal corporation may aban- 36 don the acquisition. In such event, the municipal corporation shall 37 serve notice of such abandonment in the same manner as provided for the 38 service of a petition for acquisition pursuant to subdivision three of 39 this section. In addition, the municipal corporation shall file a copy 40 of the notice of abandonment with the county clerk of the county in 41 which is located any real property that was taken and with the clerk of 42 the supreme court in which the proceeding was instituted. 43 § 2. This act shall take effect on the sixtieth day after it shall 44 have become a law.
