SB 231 - This act modifies various provisions relating to outdoor advertising. This act provides that if a local zoning authority requires a legally erected billboard to be removed or altered as a condition or prerequisite for obtaining a permit or license unrelated to billboards, then such requirement shall constitute a compelled removal. This type of removal is prohibited unless just compensation is paid.
This provision is similar to one contained in SB 129 (2007), SB 1064 (2006), SB 745 (2006), SB 29 (2005)and SB 1182 (2004).
Under this act, the Highways and Transportation Commission is authorized to void billboard permits without paying compensation under the following conditions:
(1) When there has been any misrepresentation of a material fact by the applicant on a permit application and the sign is removed under law;
(2) When the commission determines that a change has been made to a conforming sign by the sign owner and the sign has been removed under law; or
(3) When the commission determines that a substantial change has been made to a nonconforming sign by the sign owner such that the sign's nonconforming status was terminated and the sign was removed under the commission's administrative rules for maintenance of nonconforming signs.
The commission may also void any permit when the commission determines that such permit has been erroneously issued by Department of Transportation staff in violation of any state law or administrative rule. The billboard shall be subject to removal and compensation shall be paid pursuant to law. Signs for which a permit was obtained based on a misrepresentation of material fact are subject to removal.
These provisions are similar to ones contained in SB 130 (2007) and SB 1064 (2006).
STEPHEN WITTE