HB 1021

Present law authorizes the commissioner of transportation to a cquire 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 sy stems: (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 construct ing , erect ing , operat ing , us ing , maintain ing , or caus ing or permi t t ing 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 prima ry 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 failur e to comply with the permit and tag requirements. This bill requires that j ust 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 advertisin g 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 e minent domain (which is generally the value of the land or rights taken without deduction with additional considerations allowed for incidental damages) . I f a political subdivision or other governmental agency requires the removal of an outdoor adverti sing 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 p aid to the owner of the outdoor advertising device for the cost of removal plus t he fair market value of the outdoor advertising device removed. Th is bill prohibits the use of amortization when determining just compensation for the removal of a lawfully erected outdoor advertising device .