Present law authorizes the commissioner of transportation to acquire by purchase, gift, or condemnation, and to pay just compensation upon the removal of the following outdoor advertising devices in areas adjacent to the interstate and primary highway systems: (1) Those lawfully in existence on April 4, 1972; and (2) Those lawfully erected on or after April 4, 1972. Present law generally requires that a person obtain a permit or tag from the commissioner prior to constructing, erecting, operating, using, maintaining, or causing or permitting to be constructed, erected, operated, used, or maintained, any outdoor advertising device within 660 feet of the nearest edge of the right-of-way and visible from the main traveled way of the interstate or primary highway systems. This bill adds authorization for the commissioner to acquire by purchase, gift, or condemnation all outdoor advertising devices and any property rights pertaining to such devices when such devices are required to be removed for failure to comply with the permit and tag requirements. This bill requires that just compensation be paid for the acquisition or for the removal of any outdoor advertising device lawfully erected under federal law concerning the control of outdoor advertising that is required to be removed for any reason. This bill specifies that a lawfully erected outdoor advertising device adversely affected by condemnation is entitled to just compensation in the same manner as a structure or improvement that is taken by eminent domain (which is generally the value of the land or rights taken without deduction with additional considerations allowed for incidental damages). If a political subdivision or other governmental agency requires the removal of an outdoor advertising device lawfully erected without an option to relocate the outdoor advertising device to a similarly situated location, then this bill requires that just compensation is paid to the owner of the outdoor advertising device for the cost of removal plus the fair market value of the outdoor advertising device removed. This bill prohibits the use of amortization when determining just compensation for the removal of a lawfully erected outdoor advertising device.

Statutes affected:
Introduced: 54-21-107