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.
Sponsor: DILAN / Committee: LOCAL GOVERNMENTS
Law Section: General Municipal Law / Law: Amd S74-c, Gen Muni L
Sponsor: DILAN / Committee: LOCAL GOVERNMENTS
Law Section: General Municipal Law / Law: Amd S74-c, Gen Muni L
S410-2013 Actions
- May 22, 2013: referred to local governments
- May 22, 2013: DELIVERED TO ASSEMBLY
- May 22, 2013: PASSED SENATE
- May 21, 2013: ORDERED TO THIRD READING CAL.711
- May 21, 2013: COMMITTEE DISCHARGED AND COMMITTED TO RULES
- Jan 9, 2013: REFERRED TO LOCAL GOVERNMENT
S410-2013 Meetings
Rules: May 21, 2013S410-2013 Calendars
Active List: May 22, 2013 , Floor Calendar: May 22, 2013S410-2013 Votes
VOTE: COMMITTEE VOTE:
- Rules
- May 21, 2013
Ayes (21): Skelos, Libous, Carlucci, Farley, Flanagan, Fuschillo, Hannon, LaValle, Marcellino, Maziarz, Nozzolio, Seward, Valesky, Stewart-Cousins, Breslin, Dilan, Hassell-Thompson, Montgomery, Perkins, Espaillat, Gianaris
Ayes W/R (2): Bonacic, Krueger
Excused (1): Parker
VOTE: FLOOR VOTE:
- May 22, 2013
Ayes (60): Adams, Addabbo, Avella, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
Nays (1): Ball
Excused (2): O'Mara, Parker
S410-2013 Memo
BILL NUMBER:S410 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: 2011/12: S.1361/A.729 - Passed Senate 2009/10: S.4624/A.2385 - Died in Committee FISCAL IMPLICATIONS: None. EFFECTIVE DATE: This act shall take effect immediately.
S410-2013 Text
S T A T E O F N E W Y O R K
410 2013-2014 Regular Sessions I N SENATE (PREFILED)
January 9, 2013
Introduced by Sen. DILAN -- 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 sectioneighty-eight of the highway law, if any local law, ordinance or resol-ution adopted by a municipal corporation in the exercise of its policepower shall require the removal of any legally erected and maintainedbillboard or like outdoor advertising device, which is leased or rentedfor profit, and which is located in an area or zone, other than anindustrial or manufacturing zone, the display shall be allowed to remainin existence for the period of time set forth below after giving noticeof the removal requirement:fair market value on date of minimum yearsnotice of removal requirement allowedunder $1,999 3EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00601-01-3
S. 410 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 10If the removal is required sooner than the amortization periods speci-fied herein, such removal by any local law, ordinance or resolutionadopted by the municipal corporation shall be with just compensationbeing paid for such taking and removal determined in accordance with theprovisions of article five of the eminent domain procedure law or inaccordance with any table of values established by the state departmentof transportation; provided however section five hundred two of theeminent domain procedure law shall not be applicable to any suchproceeding.Notwithstanding any other law, rule or regulation, all amortizationperiods under such laws, ordinances or resolutions shall commence notearlier 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.
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