S T A T E   O F   N E W   Y O R K
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                                   5668
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               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 ASSEM-
 BLY, 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 resol-
 ution  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  compen-
 sation  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 resol-
 ution 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 speci-
 fied  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.