senate Bill S1361

2011-2012 Legislative Session

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

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Archive: Last Bill Status - Passed Senate


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 13, 2012 referred to local governments
delivered to assembly
passed senate
ordered to third reading cal.1202
committee discharged and committed to rules
Jan 04, 2012 referred to local government
returned to senate
died in assembly
Jun 15, 2011 referred to local governments
delivered to assembly
passed senate
ordered to third reading cal.1246
committee discharged and committed to rules
Jan 06, 2011 referred to local government

Votes

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Jun 13, 2012 - Rules committee Vote

S1361
24
0
committee
24
Aye
0
Nay
0
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Rules committee vote details

Co-Sponsors

S1361 - Bill Details

See Assembly Version of this Bill:
A729
Current Committee:
Law Section:
General Municipal Law
Laws Affected:
Amd §74-c, Gen Muni L
Versions Introduced in 2009-2010 Legislative Session:
S4624, A2385

S1361 - Bill Texts

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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.

view sponsor 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.

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

                                  1361

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             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.

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