"The decisions in cases like Kelo v. City of New London clearly demonstrate that we need to make sure that the rights of individual property owners in Central New York and elsewhere remain protected," said Senator DeFrancisco. "We need to study this issue and take action to ensure that the use of eminent domain is not abused and used only for public purposes. Hopefully this commission will assist us in our duty as Legislators to preserve the rights of individual property owners. I would also like to see action before the end of session on my two eminent domain bills."
The commission created by the bill passed today would examine, evaluate, and make recommendations concerning the scope and effectiveness of the eminent domain procedure law. It would be charged with examining the following issues among others:
Ÿ the appropriate constitutional standard for condemnation proceedings for economic development purposes;
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The commission would consist of thirteen members, to be appointed as follows: seven members would be appointed by the Governor--three of which shall be representatives of local governments and three of which shall be property rights advocates to be appointed by and with the advice and consent of the Senate; two members would be appointed by the temporary President of the Senate; two members would be appointed by the Speaker of the Assembly; one member would be appointed by the Minority Leader of the Senate; one member would be appointed by the Minority Leader of the Assembly.
The members of the commission would receive no compensation for their services. The commission would be required to submit its findings and recommendations in a report to the Governor, the temporary President of the Senate and the Speaker of the Assembly no later than one-year after it convenes.
Senator DeFranciso is sponsoring two other eminent domain bills, S915A and S2302. Bill S915A would clarify what constitutes a public project and which property may be acquired for such projects by eminent domain. It would also ensure that the use of eminent domain by an industrial development agency to acquire property is subject to approval by a vote of an elected legislative body and would require relocation costs to be paid to the owner of the property being taken by eminent domain.
Bill S2302 is a Constitutional Amendment that would permit eminent domain takings only when the taking is truly for public use. Takings for economic development purposes or for the benefit of a private business would be completely prohibited by this proposed amendment.
The bill to create the commission was forwarded to the Assembly.
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