NYS Public Health Legal Manual: A Guide for Judges, Attorneys ...

§ 1.100 NEW YORK STATE PUBLIC HEALTH LEGAL MANUAL
ant to this act in connection with civil defense”]. (The “civil defense
forces” authorized pursuant to the SDEA have been effectively replaced
by the “disaster emergency response personnel” governed by the Executive
Law. See Exec. Law §§ 20(2)(g); 29-b].)
[1.100] b. Response to an “Attack”
Unconsolidated Laws § 9129 [(1) [“in the event of attack,” the state
civil defense commission may “(a) assume direct operational control of
any or all civil defense forces”; (b) order the use of personnel and equipment
where needed; (d) “take, use or destroy any and all real or personal
property, or any interest therein, necessary or proper for the purposes of
civil defense”; and (e) execute any of the civil defense powers and duties
of counties or cities]; (2) [in the event of attack, a county or city (a) may
compel evacuations (includes “anticipation” of an attack); (b) “shall control
all pedestrian and vehicular traffic, transportation and communication
facilities and public utilities; provide medical treatment, food, clothing,
shelter and care for the injured and needy; provide for public safety and
the protection and conservation of property; . . . and provide for the restoration
of essential services and facilities”; (c) “to the extent necessary to
perform such functions . . . it may take, use or destroy real or personal
property and impress persons into service for the performance of such
work”]; (3) and (4) [“just compensation must be paid to the owner of the
property taken” pursuant to § 9129]].
Commentary
The statutory emergency provisions in the Executive Law exist in
tandem with the other statutory and the common law police powers
of local chief executives and health officers to take necessary action
to deal with health emergencies—both those caused by contagious
diseases and those caused by other conditions harmful to the public
health. See sections IV (Isolation and Quarantine), V (Mandatory
Examination and Treatment) and VI (Inspections and Seizures of
Property). The localities’ common law police power is especially
broad-based and robust. See Commentary to IV(I)(1), supra. Where
there is a “disaster,” i.e., “the occurrence or imminent threat of widespread
or severe damage, injury or loss of life or property,” Exec.
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