Bill Text: NY S01361 | 2011-2012 | 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 3-0)
Status: (Engrossed - Dead) 2012-06-13 - referred to local governments [S01361 Detail]
Download: New_York-2011-S01361-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 1361 2011-2012 Regular Sessions I N S E N A T E January 6, 2011 ___________ Introduced by Sens. DILAN, DIAZ, HASSELL-THOMPSON -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government 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 S 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 section 13 eighty-eight of the highway law, if any local law, ordinance or resol- 14 ution adopted by a municipal corporation in the exercise of its police 15 power shall require the removal of any legally erected and maintained 16 billboard or like outdoor advertising device, which is leased or rented 17 for profit, and which is located in an area or zone, other than an 18 industrial or manufacturing zone, the display shall be allowed to remain 19 in existence for the period of time set forth below after giving notice 20 of the removal requirement: 21 fair market value on date of minimum years 22 notice of removal requirement allowed 23 under $1,999 3 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02931-01-1 S. 1361 2 1 $2,000 to $3,999 4 2 $4,000 to $5,999 6 3 $6,000 to $ 7,999 7 4 $8,000 to $9,999 9 5 $10,000 and over 10 6 If the removal is required sooner than the amortization periods speci- 7 fied herein, such removal by any local law, ordinance or resolution 8 adopted by the municipal corporation shall be with just compensation 9 being paid for such taking and removal determined in accordance with the 10 provisions of article five of the eminent domain procedure law or in 11 accordance with any table of values established by the state department 12 of transportation; provided however section five hundred two of the 13 eminent domain procedure law shall not be applicable to any such 14 proceeding. 15 Notwithstanding any other law, rule or regulation, all amortization 16 periods under such laws, ordinances or resolutions shall commence not 17 earlier than January first, nineteen hundred ninety. 18 3.] The provisions of this section shall not apply to any city having 19 a population of one million or more. 20 S 2. This act shall take effect immediately.