Highway Beautification

ORS 377.780
Removal of outdoor advertising signs

  • payment of compensation
  • value determinations


(1)

Where the Department of Transportation elects to remove and pay for a sign visible from secondary highways pursuant to ORS 377.765 (Status of previously existing signs) (4), upon removal, the department shall pay just compensation.

(2)

For the purposes of ORS 377.700 (Short title) to 377.844 (Enforcement of rules regarding health and safety), the department may acquire by purchase, agreement, donation or exercise of the power of eminent domain land or an interest in land or a sign. The department shall pay just compensation for:

(a)

The taking from the owner of such lawfully located sign all right, title, leasehold and interest in such sign; and

(b)

The taking from the owner of the real property on which the sign is located the right to place such sign thereon.

(3)

When the department is required under ORS 377.700 (Short title) to 377.844 (Enforcement of rules regarding health and safety) to make payment therefor to remove a sign, the payment shall be for the value of the items specified by subsection (2) of this section, as determined by the department. In determining value, the department shall use the accepted appraisal method customarily used in such cases or the method prescribed by federal regulations, if any, applicable to such appraisals or payments, whichever results in the lowest valuation. However, in any case, the department shall so appraise such signs or rights taken by whatever method may be required to avoid imposition of a reduction in the amount of federal highway funds the state otherwise would be eligible to receive. [1971 c.770 §16; 1973 c.790 §14; 1975 c.336 §12; 2007 c.199 §19; 2009 c.463 §10]
§§ 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