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.
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
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.
STATE OF NEW YORK ________________________________________________________________________ 410 2013-2014 Regular Sessions IN 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 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 3The 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.EXPLANATION--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 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.]