8/01/2005

Eminent domain legislation introduced in New York State

New York State Sen. John DeFrancisco has introduced legislation to restrict the use of eminent domain. The bill, S5938, is available online at:
http://assembly.state.ny.us/leg/?bn=S05938&sh=t


Of particluar interest, the bill includes:
  • a detailed list of items for which eminent domain is applicable, all involving "public use," and avoiding some "grey area" problems;
  • a provision for reimbursement of expenses associated with the move, beyond the market value of a property;
  • The requirement of a vote by a city or county legislature when a non-elective agency wants to do a 'taking.'