N.Y. General Municipal Law 74-C – Taking of billboards
§ 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 5 of the eminent domain procedure law; provided, however, section five hundred two of such law shall not be applicable in any such proceeding.
Terms Used In N.Y. General Municipal Law 74-C
- Amortization: Paying off a loan by regular installments.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
2. Unless compensation therefor is provided pursuant to § 88 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
$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 5 of the eminent domain procedure law or in accordance with any table of values established by the state department of transportation; provided however § 502 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.