A00455 Summary:

BILL NOA00455
 
SAME ASSAME AS S01024
 
SPONSORGantt
 
COSPNSR
 
MLTSPNSR
 
Amd S74-c, Gen Muni L
 
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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A00455 Actions:

BILL NOA00455
 
01/07/2015referred to local governments
01/06/2016referred to local governments
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A00455 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A455
 
SPONSOR: Gantt
  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 amorti- zation 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: 2009-2010: A.2385 2011-2012: A.729 2013-2014: A.91   FISCAL IMPLICATIONS: None   EFFECTIVE DATE: This act shall take effect immediately.
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A00455 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           455
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 7, 2015
                                       ___________
 
        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:
 
     1    Section 1. Section 74-c of the general  municipal  law,  as  added  by
     2  chapter 335 of the laws of 1989, is amended to read as follows:
     3    § 74-c. Taking of billboards. 1. If any local law, ordinance or resol-
     4  ution  adopted  by a municipal corporation in the exercise of its police
     5  power shall require the removal of any legally  erected  and  maintained
     6  billboard  or like outdoor advertising device, which is leased or rented
     7  for profit [in areas zoned industrial or  manufacturing],  just  compen-
     8  sation  for  said  taking  shall  be  determined  in accordance with the
     9  provisions  of  article  five  of  the  eminent  domain  procedure  law;
    10  provided,  however,  section  five  hundred two of such law shall not be
    11  applicable in any such proceeding.
    12    2. [Unless compensation  therefor  is  provided  pursuant  to  section
    13  eighty-eight  of  the highway law, if any local law, ordinance or resol-
    14  ution adopted by a municipal corporation in the exercise of  its  police
    15  power  shall  require  the removal of any legally erected and maintained
    16  billboard or like outdoor advertising device, which is leased or  rented
    17  for  profit,  and  which  is  located  in an area or zone, other than an
    18  industrial or manufacturing zone, the display shall be allowed to remain
    19  in existence for the period of time set forth below after giving  notice
    20  of the removal requirement:

    21            fair market value on date of       minimum years
    22            notice of removal requirement        allowed
    23                under $1,999                        3

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02199-01-5

        A. 455                              2

     1                $2,000 to $3,999                    4
     2                $4,000 to $5,999                    6
     3                $6,000 to $ 7,999                   7
     4                $8,000 to $9,999                    9
     5                $10,000 and over                   10

     6    If the removal is required sooner than the amortization periods speci-
     7  fied  herein,  such  removal  by  any local law, ordinance or resolution
     8  adopted by the municipal corporation shall  be  with  just  compensation
     9  being paid for such taking and removal determined in accordance with the
    10  provisions  of  article  five  of the eminent domain procedure law or in
    11  accordance with any table of values established by the state  department
    12  of  transportation;  provided  however  section  five hundred two of the
    13  eminent domain procedure  law  shall  not  be  applicable  to  any  such
    14  proceeding.
    15    Notwithstanding  any  other  law, rule or regulation, all amortization
    16  periods under such laws, ordinances or resolutions  shall  commence  not
    17  earlier than January first, nineteen hundred ninety.
    18    3.]  The provisions of this section shall not apply to any city having
    19  a population of one million or more.
    20    § 2. This act shall take effect immediately.
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