Amd Art 9 Title 6 Title Head, add §2901, Pub Auth L
Authorizes the New York city council to approve or deny by a majority vote, any public authority's or public benefit corporation's use of eminent domain.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6216
SPONSOR: Carroll R TITLE OF BILL:
An act to amend the public authorities law, in relation to authorizing
the New York city council to approve or disapprove by a majority vote,
any public authority's or public benefit corporation's use of eminent
domain
PURPOSE:
To amend the public authorities law authorizing the New York city coun-
cil to approve or disapprove by a majority vote, any public authority's
or public benefit corporation's use of eminent domain.
SUMMARY OF PROVISIONS:
Adds new section 2901 to the public authorities law authorizing the city
council in cities with a population of one million or more to approve or
disapprove by a majority vote any public authorities or public benefit
corporation's use of eminent domain. The city council is also required
to hold at least one official public hearing on the proposed action
prior to voting.
JUSTIFICATION:
Continued scrutiny of public authorities and discussion over the impli-
cations of Supreme Court precedent which have widened the use of eminent
domain illustrate the need for greater local control over takings by
public authorities. Public authorities have public missions but are
isolated from traditional democratic pressure, and therefore lack
accountability to the people of this State. Many authorities even have
eminent domain power that can be exercised over the objection of local
governments. This dynamic was not contemplated by the founders when they
placed limits on the use of eminent domain. This bill would safeguard
the interests of the public and communities around this state by adding
more traditional democratic Control and oversight over the use of
takings by public authorities. This bill would ensure that use of
eminent domain by public authorities is adequately scrutinized by local
elected officials and that the public has an opportunity to comment on
projects/proposals that impact on their quality of life.
PRIOR LEGISLATIVE HISTORY:
First introduced in 2005.
2011-2012: S.2332;
2013-2014: S.1423;
A.5838 of 2017-18;
A.3517/S.723 of 2019-20;
A.1429/S.3592 of 2021-22;
A.1406/5.1306 of 2023-24
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
TBD
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it becomes law.
STATE OF NEW YORK
________________________________________________________________________
6216
2025-2026 Regular Sessions
IN ASSEMBLY
February 27, 2025
___________
Introduced by M. of A. R. CARROLL -- read once and referred to the
Committee on Judiciary
AN ACT to amend the public authorities law, in relation to authorizing
the New York city council to approve or disapprove by a majority vote,
any public authority's or public benefit corporation's use of eminent
domain
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The title heading of title 6 of article 9 of the public
2 authorities law, as added by chapter 307 of the laws of 1964 and such
3 title as renumbered by chapter 838 of the laws of 1983, is amended and a
4 new section 2901 is added to read as follows:
5 EMINENT DOMAIN TAKING; PROPERTY OF OR BY A PUBLIC
6 BENEFIT CORPORATION
7 § 2901. Eminent domain; certain cities. In cities with a population of
8 one million or more in which any part of the real property to be
9 acquired is located, the city council shall have the authority to
10 approve or disapprove any public authority's or public benefit corpo-
11 ration's use of eminent domain. The city council shall approve or disap-
12 prove any proposed use of the power of eminent domain by majority vote.
13 Prior to such vote, such city council shall hold at least one official
14 public hearing on such matter at a location reasonably proximate to the
15 property which may be acquired.
16 § 2. This act shall take effect on the ninetieth day after it shall
17 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04993-01-5
