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.

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S1361-2011 Actions

• Jun 13, 2012: referred to local governments
• Jun 13, 2012: DELIVERED TO ASSEMBLY
• Jun 13, 2012: PASSED SENATE
• Jun 13, 2012: ORDERED TO THIRD READING CAL.1202
• Jun 13, 2012: COMMITTEE DISCHARGED AND COMMITTED TO RULES
• Jan 4, 2012: REFERRED TO LOCAL GOVERNMENT
• Jan 4, 2012: returned to senate
• Jan 4, 2012: died in assembly
• Jun 15, 2011: referred to local governments
• Jun 15, 2011: DELIVERED TO ASSEMBLY
• Jun 15, 2011: PASSED SENATE
• Jun 15, 2011: ORDERED TO THIRD READING CAL.1246
• Jun 15, 2011: COMMITTEE DISCHARGED AND COMMITTED TO RULES
• Jan 6, 2011: REFERRED TO LOCAL GOVERNMENT

S1361-2011 Meetings

Rules: Jun 17, 2011, Rules: Jun 18, 2012

S1361-2011 Calendars

Floor Calendar: Jun 13, 2012 , Floor Calendar: Jun 15, 2011

S1361-2011 Votes

S1361-2011 Memo

BILL NUMBER:S1361

TITLE OF BILL:
An act
to amend the general municipal law, in relation to taking of billboards

PURPOSE OR GENERAL IDEA OF BILL:
This bill would
simplify current law
regarding the removal of billboards in areas other than industrial or
manufacturing zones.

SUMMARY OF SPECIFIC PROVISIONS:
The first section
amends the general
municipal law to extend the eminent domain law to the removal of
billboards in areas other than industrial and manufacturing zones.
Furthermore, provisions relating to amortization schedules for the
removal of billboards in areas other than industrial and
manufacturing zones are removed.

Section two sets the effective date.

JUSTIFICATION:
The current scheme is far too complex
to work
effectively. Furthermore, this simplified scheme would achieve
results similar to existing law and reduce costs to both the
billboard industry and municipalities.

PRIOR LEGISLATIVE HISTORY:
2009/10:  S.4624/A.2385 - Died in Committee
2007/08:  S.2342/A.672 - Passed Senate
2005/06:  S.3864/A.372 - Passed Senate

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

S1361-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    1361

                         2011-2012 Regular Sessions

                              I N  SENATE

                               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:


    Section  1.  Section  74-c  of  the general municipal law, as added by
  chapter 335 of the laws of 1989, is amended to read as follows:

    S 74-c. Taking of billboards. 1. If any local law, ordinance or resol-
  ution adopted by a municipal corporation in the exercise of  its  police
  power  shall  require  the removal of any legally erected and maintained
  billboard or like outdoor advertising device, which is leased or  rented
  for  profit  [in  areas zoned industrial or manufacturing], just compen-
  sation for said taking  shall  be  determined  in  accordance  with  the
  provisions  of  article  five  of  the  eminent  domain  procedure  law;
  provided, however, section five hundred two of such  law  shall  not  be
  applicable in any such proceeding.
    2.  [Unless  compensation  therefor  is  provided  pursuant to section
  eighty-eight of the highway law, if any local law, ordinance  or  resol-
  ution  adopted  by a municipal corporation in the exercise of its police
  power shall require the removal of any legally  erected  and  maintained
  billboard  or like outdoor advertising device, which is leased or rented
  for profit, and which is located in an  area  or  zone,  other  than  an
  industrial or manufacturing zone, the display shall be allowed to remain
  in  existence for the period of time set forth below after giving notice
  of the removal requirement:

            fair market value on date of       minimum years
            notice of removal requirement        allowed
                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

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

    If the removal is required sooner than the amortization periods speci-
  fied  herein,  such  removal  by  any local law, ordinance or resolution
  adopted by the municipal corporation shall  be  with  just  compensation
  being paid for such taking and removal determined in accordance with the
  provisions  of  article  five  of the eminent domain procedure law or in
  accordance with any table of values established by the state  department
  of  transportation;  provided  however  section  five hundred two of the
  eminent domain procedure  law  shall  not  be  applicable  to  any  such
  proceeding.
    Notwithstanding  any  other  law, rule or regulation, all amortization
  periods under such laws, ordinances or resolutions  shall  commence  not
  earlier than January first, nineteen hundred ninety.
    3.]  The provisions of this section shall not apply to any city having
  a population of one million or more.
    S 2. This act shall take effect immediately.