Highway Beautification

ORS 377.765
Status of previously existing signs

  • removal upon payment of compensation


(1)

Outdoor advertising signs in existence on May 30, 2007, and lawfully located within commercial or industrial zones in existence on May 30, 2007, and outdoor advertising signs visible from a road or street that is designated as a state highway after May 30, 2007, and lawfully located within a commercial or industrial zone at the time the road or street is designated as a state highway, may remain. Subject to the provisions of ORS 377.700 (Short title) to 377.844 (Enforcement of rules regarding health and safety), such signs may be maintained, reconstructed and relocated. However, such signs may not be relocated unless a relocation permit has been issued pursuant to ORS 377.767 (Relocation of existing outdoor advertising sign). A permit may not be issued to relocate an outdoor advertising sign that was not lawfully in existence on May 30, 2007, except that outdoor advertising signs that are visible from a road or street that is designated as a state highway after May 30, 2007, and that are lawfully located within a commercial or industrial zone at the time the road or street is designated as a state highway, may be relocated within the same section of highway.

(2)

All outdoor advertising signs that are lawfully located outside of a commercial or industrial zone and visible from an interstate highway or a primary highway shall be removed upon payment of just compensation as provided by ORS 377.780 (Removal of outdoor advertising signs).

(3)

Upon payment of just compensation, the Department of Transportation may remove any lawful outdoor advertising sign located in a scenic area designated pursuant to ORS 377.505 (Definitions for ORS 377.505 to 377.540) to 377.540 (Director of Transportation to enforce orders and render administrative assistance).

(4)

Outdoor advertising signs in existence on May 30, 2007, that are lawfully located outside of a commercial or industrial zone in existence on July 1, 1971, and visible from a secondary highway and not within a scenic area existing on July 1, 1971, or thereafter designated a scenic area may be removed only upon payment of just compensation as provided in ORS 377.780 (Removal of outdoor advertising signs). Upon payment of just compensation, the department may remove the outdoor advertising sign. It may not be reconstructed or replaced if destroyed by natural causes and may not be relocated.

(5)

If a secondary highway existing on July 2, 1971, is subsequently designated as an interstate or primary highway, upon payment of just compensation, the department may remove outdoor advertising signs not conforming to the provisions of ORS 377.700 (Short title) to 377.844 (Enforcement of rules regarding health and safety).

(6)

If any other highway is designated as an interstate or primary highway, upon payment of just compensation, the department may remove a nonconforming outdoor advertising sign lawful before such designation but nonconforming thereafter.

(7)

Upon the construction or designation of a secondary highway, after July 2, 1971, an outdoor advertising sign lawfully in existence and not regulated under ORS 377.700 (Short title) to 377.844 (Enforcement of rules regarding health and safety) prior to such construction or designation is subject to subsection (4) of this section. [1971 c.770 §18; 1973 c.28 §1; 1973 c.790 §11; 1975 c.336 §7; 1993 c.376 §3; 2007 c.199 §13; 2009 c.463 §7]

Notes of Decisions

Lack of statutory time limit for approval of relocation does not violate due process or free speech rights. 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)

§§ 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