Bill Text: NY S05668 | 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) 2020-01-08 - REFERRED TO LOCAL GOVERNMENT [S05668 Detail]

Download: New_York-2019-S05668-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          5668

                               2019-2020 Regular Sessions

                    IN SENATE

                                      May 10, 2019
                                       ___________

        Introduced  by  Sen.  BROOKS -- 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    § 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
    24                $2,000 to $3,999                    4

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00442-01-9

        S. 5668                             2

     1                $4,000 to $5,999                    6
     2                $6,000 to $ 7,999                   7
     3                $8,000 to $9,999                    9
     4                $10,000 and over                   10

     5    If the removal is required sooner than the amortization periods speci-
     6  fied  herein,  such  removal  by  any local law, ordinance or resolution
     7  adopted by the municipal corporation shall  be  with  just  compensation
     8  being paid for such taking and removal determined in accordance with the
     9  provisions  of  article  five  of the eminent domain procedure law or in
    10  accordance with any table of values established by the state  department
    11  of  transportation;  provided  however  section  five hundred two of the
    12  eminent domain procedure  law  shall  not  be  applicable  to  any  such
    13  proceeding.
    14    Notwithstanding  any  other  law, rule or regulation, all amortization
    15  periods under such laws, ordinances or resolutions  shall  commence  not
    16  earlier than January first, nineteen hundred ninety.
    17    3.]  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.
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