|SAME AS||SAME AS S01024|
|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.|
|01/07/2015||referred to local governments|
|01/06/2016||referred to local governments|
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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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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 section13 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 police15 power shall require the removal of any legally erected and maintained16 billboard or like outdoor advertising device, which is leased or rented17 for profit, and which is located in an area or zone, other than an18 industrial or manufacturing zone, the display shall be allowed to remain19 in existence for the period of time set forth below after giving notice20 of the removal requirement:21 fair market value on date of minimum years22 notice of removal requirement allowed23 under $1,999 3EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02199-01-5A. 455 2 1 $2,000 to $3,999 42 $4,000 to $5,999 63 $6,000 to $ 7,999 74 $8,000 to $9,999 95 $10,000 and over 106 If the removal is required sooner than the amortization periods speci-7 fied herein, such removal by any local law, ordinance or resolution8 adopted by the municipal corporation shall be with just compensation9 being paid for such taking and removal determined in accordance with the10 provisions of article five of the eminent domain procedure law or in11 accordance with any table of values established by the state department12 of transportation; provided however section five hundred two of the13 eminent domain procedure law shall not be applicable to any such14 proceeding.15 Notwithstanding any other law, rule or regulation, all amortization16 periods under such laws, ordinances or resolutions shall commence not17 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.