November 30, 2005
Ms. Carol W. LaGrasse
President, Property Rights Foundation of America
PO Box 75
Stony Creek, New York 12878
Dear Ms. LaGrasse:
Thank you for contacting my office
and sending me a copy of the remarks you delivered at the October
18, 2005 Senate hearing on eminent domain reform. I was able
to take part in a hearing on this matter that was held on October
27, 2005 in Syracuse. That hearing provided a wonderful opportunity
for local government officials, business leaders, and regular
citizens to offer their comments and suggestions on how New York
State can protect the property rights of all citizens.
As you probably know, reforming
New York State’s eminent domain laws is one of my top legislative
priorities. Earlier this year, I introduced S.5938, a bill to
reform the state’s eminent domain laws. This bill has three
main components. First, it limits the use of eminent domain to
true public projects, such as the construction of highways, schools,
or parks. Next, this bill requires that any use of eminent domain
by industrial development agencies must be approved by an elected
body, such as a county legislature. Finally, S.5938 allows the
owner of property taken by eminent domain to receive relocation
costs on top of “just compensation.”
In addition to S.5938, I also
introduced S.5961, a constitutional amendment restricting the
use of eminent domain to true public projects. In order for this
amendment to be added to the state constitution, it must be approved
by two separately elected state legislatures and the voters of
the state in a referendum.
Thanks again for taking the time
to contact me about this very important issue. When the 2006
legislative session begins in January, I will certainly do what
I can to see that meaningful legislation protecting the rights
of New York State’s property owners is approved by the state
legislature.
Very truly yours,
John A. DeFrancisco
State Senator
JAD/jb
