senate Bill S410

Provides for giving of just compensation upon the taking of any billboard

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 09 / Jan / 2013
    • REFERRED TO LOCAL GOVERNMENT
  • 21 / May / 2013
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 21 / May / 2013
    • ORDERED TO THIRD READING CAL.711
  • 22 / May / 2013
    • PASSED SENATE
  • 22 / May / 2013
    • DELIVERED TO ASSEMBLY
  • 22 / May / 2013
    • REFERRED TO LOCAL GOVERNMENTS
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO LOCAL GOVERNMENT
  • 19 / Jun / 2014
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 19 / Jun / 2014
    • ORDERED TO THIRD READING CAL.1595
  • 19 / Jun / 2014
    • PASSED SENATE
  • 19 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 19 / Jun / 2014
    • REFERRED TO LOCAL GOVERNMENTS

Summary

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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Bill Details

See Assembly Version of this Bill:
A91
Versions:
S410
Legislative Cycle:
2013-2014
Current Committee:
Law Section:
General Municipal Law
Laws Affected:
Amd §74-c, Gen Muni L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S1361, A729
2009-2010: S4624, A2385
2007-2008: A672

Sponsor 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.

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

                                   410

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (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                        3

 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.]  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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