What's happening
This bill amends the law to require just compensation for removal of any legally erected billboard, regardless of zoning.
Why it matters
Expands property rights protections for billboard owners. by requiring that any legally erected billboard, regardless of zoning district, must receive just compensation if forced to be removed by local law—eliminating previous distinctions based on industrial, manufacturing, or other zoning.
Removes amortization options for municipalities. , meaning local governments can no longer require billboard owners to remove signs after a set period without compensation; now, immediate or future removals always require payment.
May increase costs and limit flexibility for local governments. seeking to regulate or remove billboards, as they must now budget for compensation rather than relying on gradual phase-outs.
Excludes New York City from these changes. , maintaining the status quo for cities with populations over one million, so the impact is focused on smaller municipalities statewide.
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Who cares
Headline styles
Pay Billboard Owners Fairly
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 8
No co-sponsors yet.
History
- Referred to local government
- Referred to local government
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5668
2019-2020 Regular Sessions
IN SENATE
May 10, 2019
Introduced by Sen. BROOKS -- 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.
LBD00442-01-9
S. 5668 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
This bill would simplify current law regarding the removal of billboards in areas other than industrial or manufacturing zones.
Summary of provisions
Section 1 amends section 74-c of the general municipal law to simplify the process of removing billboards when required by law enforcement. Eliminates the compensation requirements currently governing such removals and makes the new standard subject to eminent domain law. Excludes cities with a population of $1 million or more.
Section 2 is the enacting clause.
Justification
Current law regarding removal of billboards and compensation for owners is cumbersome and inefficient. These changes will ensure that should the need to remove a billboard arise, the process will not be mired by requirements to leave them up for additional years, but will also ensure fair compensation to billboard owners.
Fiscal implications
None
Effective date
This act shall take effect immediately after it shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.