Bill Text: NY A02290 | 2019-2020 | General Assembly | Introduced
Bill Title: Provides for giving of just compensation upon the taking of any billboard in accordance with the eminent domain procedure law; removes amortization schedules for the removal of billboards in areas other than industrial and manufacturing zones.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-07-14 - enacting clause stricken [A02290 Detail]
Download: New_York-2019-A02290-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2290 2019-2020 Regular Sessions IN ASSEMBLY January 22, 2019 ___________ Introduced by M. of A. GANTT -- read once and referred to the Committee on Local Governments AN ACT to amend the general municipal law, in relation to taking of billboards The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 74-c of the general municipal law, as added by 2 chapter 335 of the laws of 1989, is amended to read as follows: 3 § 74-c. Taking of billboards. 1. If any local law, ordinance or resol- 4 ution adopted by a municipal corporation in the exercise of its police 5 power shall require the removal of any legally erected and maintained 6 billboard or like outdoor advertising device, which is leased or rented 7 for profit [in areas zoned industrial or manufacturing], just compen- 8 sation for said taking shall be determined in accordance with the 9 provisions of article five of the eminent domain procedure law; 10 provided, however, section five hundred two of such law shall not be 11 applicable in any such proceeding. 12 2. [Unless compensation therefor is provided pursuant to section13eighty-eight of the highway law, if any local law, ordinance or resol-14ution adopted by a municipal corporation in the exercise of its police15power shall require the removal of any legally erected and maintained16billboard or like outdoor advertising device, which is leased or rented17for profit, and which is located in an area or zone, other than an18industrial or manufacturing zone, the display shall be allowed to remain19in existence for the period of time set forth below after giving notice20of the removal requirement:21fair market value on date of minimum years22notice of removal requirement allowed23under $1,999 324$2,000 to $3,999 4EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00442-01-9A. 2290 2 1$4,000 to $5,999 62$6,000 to $ 7,999 73$8,000 to $9,999 94$10,000 and over 105If the removal is required sooner than the amortization periods speci-6fied herein, such removal by any local law, ordinance or resolution7adopted by the municipal corporation shall be with just compensation8being paid for such taking and removal determined in accordance with the9provisions of article five of the eminent domain procedure law or in10accordance with any table of values established by the state department11of transportation; provided however section five hundred two of the12eminent domain procedure law shall not be applicable to any such13proceeding.14Notwithstanding any other law, rule or regulation, all amortization15periods under such laws, ordinances or resolutions shall commence not16earlier than January first, nineteen hundred ninety.173.] The provisions of this section shall not apply to any city having 18 a population of one million or more. 19 § 2. This act shall take effect immediately.