What's happening
This bill requires just compensation for removal of legally erected billboards, regardless of zoning, and removes amortization periods.
Why it matters
Expands compensation rights. The bill ensures that owners of legally erected billboards must be compensated if local governments require removal, no matter the zoning (industrial, manufacturing, commercial, or any other area).
Eliminates amortization periods. By removing the old schedule that allowed billboards to remain for a set number of years before removal without compensation, the bill ends the practice of “amortizing” billboard value instead of paying for their removal.
Strengthens property protections. The proposed changes mean municipalities will face higher costs and stricter requirements when seeking to remove billboards, as they must now provide just compensation in all cases except in the largest cities (population over one million).
Potential impact on local policy and development. This law could discourage local governments from removing billboards due to increased financial liability, possibly affecting community aesthetics, development projects, and local control over signage.
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Who cares
Headline styles
Pay Owners for Taken Billboards
Plain English, a few words. Used as the page title.
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History
- Referred to local governments
- Referred to local governments
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Pay For Taken Billboards
In Assembly Committee · Local Governments · Sponsor Martin Malavé Dilan
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
314
2017-2018 Regular Sessions
IN ASSEMBLY
January 5, 2017
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 Assembly, 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 resolution 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 compensation 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 resolution 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.
LBD01440-01-7
A. 314 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 specified 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.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.