SUBJECT:

PURPOSE:

TESTIMONY WILL BE BY INVITATION ONLY

The central purpose of these hearings is to examine the various issues raised by the recent decision of the United States Supreme Court in Kelo v. New London and whether, in light of this decision, legislation should be enacted in New York to further regulate the use of the power of eminent domain. 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.

Oral testimony will be by invitation only and will be limited to ten minutes in duration. Ten copies of any prepared testimony should be submitted at the hearing registration desk. The Committees would appreciate advance receipt of any prepared statements. It is requested that oral testimony not consist exclusively of the reading a prepared statement. Written testimony will also be accepted and may be sent to the contact person listed on the reply form. In order to publicize the hearing further, please inform interested parties of the Committees' interest in receiving written testimony from all sources.

In order to meet the needs of those who may have a disability, the Assembly, in accordance with its policy of non-discrimination on the basis of disability, as well as the 1990 Americans with Disabilities Act (ADA), has made its facilities and services available to all individuals with disabilities. For individuals with disabilities, accommodations will be provided, upon reasonable request, to afford such individuals access and admission to Assembly facilities and activities.

PUBLIC HEARING REPLY FORM

Persons invited to present testimony at the public hearing on The Exercise of Eminent Domain in New York State to be held on November 1, 2005 in Albany, November 2, 2005 in Syracuse (11/02/05 public hearing has been postponed, new date to be announced) and November 4, 2005 in New York City, or who wish to submit written testimony only, are requested to complete this reply form as soon as possible and mail or fax to:

Richard Ancowitz
Counsel
Assembly Committee on the Judiciary
Room 508 - Capitol
Albany, New York 12248
Phone: (518) 455-4313
Fax: (518) 455-4682
ancowir@assembly.state.ny.us

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