WESTCHESTER COUNTY: Adam Bradley Press Release - January 25, 2006

Adam Bradley Press Release.

For Immediate Release
Contact: Adam Bradley
Date: January 25, 2006

Assemblyman Bradley introduces bill amending eminent domain law

Legislation ensures property owners are fairly compensated Assemblyman Adam Bradley (D-White Plains) announced that he is sponsoring legislation that will amend the state’s current eminent domain law in response to the U.S. Supreme Court’s decision in Kelo v. New London allowing the government to take private
property for economic development purposes (A.9473).

“There has been enormous concern regarding the Supreme Court’s eminent domain ruling,” Bradley said. “I am aware of the potentially adverse effects it could have on property owners and we need to make sure that owners are treated fairly and are compensated properly. My legislation will require that just compensation be an amount at least equal to the actual cost of purchasing an equivalent property and further includes reimbursements for all incidental costs such as legal fees, moving expenses and closing costs.”

Bradley’s legislation would allow jury trials for New York homeowners and businesses that had properties seized under eminent domain. The court will also be instructed to award reasonable attorney’s fees and court costs to property owners. Additionally, this legislation will require that reasonable moving and relocation expenses, closing costs, and other costs incidental to an eminent domain proceeding be provided.

The court ruling now specifically allows that eminent domain can be used to condemn privately owned property so that it can be used as part of a comprehensive redevelopment plan to create new jobs, increase tax and city revenues, or revitalize a depressed or blighted urban area.

“We have an obligation to ensure that the rights of New Yorkers are not infringed,” Bradley said. “My legislation will help restore fairness, and give homeowners and small businesses some assurance that they will be protected and adequately compensated if their property is taken under eminent domain.”

Posted By Brian Harrod Roundup Newswires's Westchester County Editor