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S4184Senate2017-2018 SessionSame asA314

Pay For Taken Billboards

Official title

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

Sponsor Martin Malavé DilanSD-18Affects Local Government
Status
In Assembly Committee
Local Governments
Impact
4/10
Low
Passage
0%

Bill progress

Step 5 of 7

In Assembly · Local Governments

What's happening

This bill requires just compensation for the removal of legally erected billboards by local governments, eliminating prior amortization provisions.

Why it matters

  1. Ensures property rights for billboard owners. by mandating that local governments must pay just compensation whenever they require removal of legally erected billboards, treating such removals more like eminent domain takings rather than regulatory actions.

  2. Removes local government flexibility. to phase out billboards over time through amortization (a grace period allowing the billboard to remain without compensation) and instead requires compensation in all cases, potentially increasing municipal costs and complicating local beautification or zoning efforts.

  3. Standardizes treatment across commercial zones. by eliminating distinctions between industrial/manufacturing and other zones—previous law only required compensation in certain zones, but now all legally erected, for-profit billboards are covered.

  4. Preserves exemption for New York City. (cities with a population of one million or more), meaning the new compensation requirement does not apply there, which could maintain different regulatory approaches between NYC and the rest of the state.

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Who cares

Headline styles

Pay For Taken Billboards

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Martin Malavé Dilan

Senator · Senate District 18

No co-sponsors yet.

History

  1. Referred to local governments
  2. Delivered to assembly
  3. Passed senateVote 57–4
  4. Ordered to third reading cal.1660
  5. Committee discharged and committed to rules
  6. Referred to local government
  7. Returned to senate
  8. Died in assembly
  9. Referred to local governments
  10. Delivered to assembly
  11. Passed senateVote 63–0
  12. Ordered to third reading cal.1630
Show 2 earlier actions
  1. Committee discharged and committed to rules
  2. Referred to local government

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.

A314Assembly

Pay Owners for Taken Billboards

In Assembly Committee · Local Governments · Sponsor David Gantt

Impact 4 · Low0% to pass

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

4184

2017-2018 Regular Sessions

IN SENATE

February 6, 2017

Introduced by Sen. DILAN -- 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 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

S. 4184 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.

Sponsor's memo

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

2013-2014: S.410/A.91 - Passed Senate 2015-2016: S.1024/A.455 - Passed Senate/Referred local government

Fiscal implications

None.

Effective date

This act shall take effect immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.