S T A T E O F N E W Y O R K
________________________________________________________________________
2290
2019-2020 Regular Sessions
I N A S S E M B L Y
January 22, 2019
___________
Introduced by M. of A. GANTT -- read once and referred to the Committee
on Local Governments
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:
§ 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
$2,000 to $3,999 4
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00442-01-9
A. 2290 2
$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.
§ 2. This act shall take effect immediately.