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A2290Assembly2019-2020 SessionSame asS5668

Compensate for Taken Billboards

Official title

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

Sponsor David GanttAD-137Affects Local Government
Status
Stricken
Impact
3/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Local Governments

What's happening

This bill requires just compensation for the removal of any legally erected billboard by local governments, eliminating previous amortization schedules.

Why it matters

  1. Billboard owners will now always receive monetary compensation if a local government orders the removal of their legally placed billboards. , regardless of the zoning area or the billboard’s value—removing the previous system that allowed for delayed removal without compensation through “amortization schedules.”

  2. This change could make it significantly more expensive and legally complex for localities to remove unwanted billboards. , potentially discouraging efforts to reduce visual clutter, promote urban beautification, or implement new zoning restrictions on outdoor advertising.

  3. The amendment eliminates distinctions based on zoning (industrial, commercial, etc.) and billboard value. , ensuring that all billboard owners are treated equally in terms of compensation, which may especially benefit owners in non-industrial areas who previously could have their signs removed after a set period without payment.

  4. Cities with a population of one million or more remain exempt. (e.g., New York City), so the impact of the bill is focused on smaller municipalities and suburban/rural areas, potentially shifting the balance of power in local land use decisions in those places.

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Who cares

Headline styles

Compensate for Taken Billboards

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

Sponsors

Primary sponsor
David Gantt

Assembly Member · Assembly District 137

No co-sponsors yet.

History

  1. Enacting clause stricken
  2. Referred to local governments
  3. 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.

S5668Senate

Pay Billboard Owners Fairly

In Senate Committee · Local Government · Sponsor John E. Brooks

Impact 4 · Low0% to pass

Full text

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

STATE OF NEW YORK

2290

2019-2020 Regular Sessions

IN ASSEMBLY

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 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.

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 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.