Highway Beautification

ORS 377.713
Compensation following partial or total loss of outdoor advertising sign

  • rules


(1)

For purposes of this section:

(a)

(A) An owner of an outdoor advertising sign shall be considered to have suffered a total loss with respect to the outdoor advertising sign if, due to a highway construction project, the outdoor advertising sign is removed from its current location or the face of the outdoor advertising sign would be totally blocked in its current location.

(B)

An owner of an outdoor advertising sign shall be considered to have suffered a partial loss with respect to the outdoor advertising sign if, due to a highway construction project, the face of the outdoor advertising sign would be substantially but not totally blocked in its current location.

(b)

Full compensation for loss of an outdoor advertising sign equals the market value of the outdoor advertising sign, measured by comparable sales of outdoor advertising signs as determined by an appraiser recognized as a specialist in such valuations, less the salvage value of the components of the outdoor advertising sign.

(2)

(a) When the Department of Transportation determines that a highway construction project supervised by the department will result in the total or partial loss of an outdoor advertising sign, the department shall enter into negotiations with the owner of the outdoor advertising sign for relocation of the outdoor advertising sign.

(b)

The department may require the owner to provide information about the owner’s efforts to acquire a comparable location for the outdoor advertising sign.

(c)

The department may assist the owner’s efforts to acquire and obtain approval for a comparable location for the outdoor advertising sign.

(3)

(a) The department may enter into an agreement with the owner of an outdoor advertising sign for relocation of the outdoor advertising sign on any terms not prohibited by law or inconsistent with this section.

(b)

An agreement entered into under this subsection may not require the department to pay the owner of the outdoor advertising sign an amount in compensation that is greater than the actual cost to the owner of relocating the outdoor advertising sign.

(4)

(a) If, after reasonable efforts, the owner of an outdoor advertising sign subject to total or partial loss is unable to acquire a comparable location in the same market area for the outdoor advertising sign, except as provided in ORS 377.725 (Permit) (4), the department shall pay the owner compensation as provided in this subsection.

(b)

Except as provided in paragraph (c) of this subsection, for a total loss of an outdoor advertising sign, the department shall pay the owner full compensation for the loss and permanently cancel the sign permit, and the owner shall remove the sign.

(c)

For a total loss of an outdoor advertising sign in which a new site for the outdoor advertising sign is found at a less than comparable location, the department shall pay the owner the difference between the amount of full compensation for the loss and the market value of the outdoor advertising sign as located at the new site. If the new site is on a state highway, the owner may use the outdoor advertising sign’s existing permit issued under ORS 377.725 (Permit) to apply for a relocation permit. If the new site is not on a state highway, the department shall permanently cancel the permit.

(d)

For a partial loss of an outdoor advertising sign, the department shall pay the owner the percentage of full compensation that is equal to the loss of market value due to the blockage of the sign’s face.

(e)

The department and the owner may enter into an agreement for partial or full compensation under this subsection in the form of additional relocation credits or other in-kind value.

(5)

(a) If the department and the owner of an outdoor advertising sign do not agree that a comparable location is available in the case of the total loss of an outdoor advertising sign, or do not agree to the amount of compensation offered by the department, the department shall provide written notice of the final offer of compensation to the owner.

(b)

The owner may appeal to the department the comparable location determination and the amount of compensation contained in the written notice. The hearing on the appeal shall be conducted as a contested case hearing under ORS chapter 183.

(c)

Notwithstanding paragraph (b) of this subsection, in the case of the total loss of an outdoor advertising sign, the owner shall remove the outdoor advertising sign that is the subject of the written notice within 90 days after receipt of the notice.

(6)

Nothing in this section may be construed to require the department to take, and the department may not take or authorize, any action that would make the department ineligible to receive federal funds.

(7)

The department may adopt rules to implement the provisions of this section. [2018 c.93 §46]
Note: 377.713 (Compensation following partial or total loss of outdoor advertising sign) was added to and made a part of 377.700 (Short title) to 377.844 (Enforcement of rules regarding health and safety) by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
§§ 377.700 to 377.840

Notes of Decisions

Exclusion of on-premises signs from regulation as outdoor advertising signs is not content-based discrimination against noncommercial speech. Outdoor Media Dimensions, Inc. v. State of Oregon, 150 Or App 106, 945 P2d 614 (1997), aff'd 331 Or 634, 20 P3d 180 (2001)

Imposition of content-neutral regulatory requirements does not infringe on protected speech. Outdoor Media Dimensions v. Department of Transportation, 340 Or 275, 132 P3d 5 (2006)

Atty. Gen. Opinions

City and county "police power" for removal of billboards and signs; compensation or amortization period, (1974) Vol 36, p 1145


Source

Last accessed
Jun. 26, 2021