COMPENSATION FOR ON-PREMISES SIGN UPGRADES.

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View NCGA Bill Details2023-2024 Session
House Bill 771 (Public) Filed Tuesday, April 18, 2023
AN ACT TO REQUIRE MONETARY COMPENSATION TO OWNERS OF ON-PREMISES ADVERTISEMENTS FOR THE REPLACEMENT OR UPGRADE OF NONCONFORMING SIGNS DUE TO A CHANGE IN LOCAL GOVERNMENT REGULATIONS.
Intro. by Crutchfield.

Status: Re-ref Com On Rules, Calendar, and Operations of the House (House action) (May 3 2023)
H 771

Bill Summaries:

  • Summary date: May 2 2023 - View Summary

    House committee substitute to the 1st edition makes the following changes.  Amends definition of nonconforming sign in GS 160D-912.1(a) so that it now means an on-premises advertisement lawfully installed but that does not comply with current ordinances or regulations (was, does not comply with ordinances or regulations due to changed conditions). If a local government chooses to pay monetary compensation to an owner for a nonconforming sign under GS 160D-912.1(b), the local government must remove the sign at a time mutually agreed upon by the owner of the sign and the government (previously, no provision concerning mutually agreed upon time). If the local government chooses the reimbursement option, then the sign owner must now bring the sign into compliance with the current regulations in a timely manner. Clarifies that the local government may bring an action in superior court to determine both compensation or reimbursement if the parties are unable to agree on the amount of compensation or reimbursement. Makes organizational changes.


  • Summary date: Apr 20 2023 - View Summary

    Enacts GS 160D-912.1, prohibiting local governments from enacting or amending general ordinances to require an owner of a nonconforming sign, defined as an on-premises advertisement lawfully installed but that does not comply with current ordinances or regulations due to changed conditions, to bring the sign into compliance with current regulations without compensating the owner. Defines on-premises advertisement. Deems the local government to own the sign upon payment for the sign, and alternatively allows for the reimbursement of the difference of the fair market value of the nonconforming sign and the reasonable cost for the owner to bring the sign into compliance. Provides for the calculation of monetary compensation for a nonconforming sign without consideration of the effect of the ordinance or any diminution in value by the ordinance requiring removal. Establishes four exceptions to requiring a local government to compensate or reimburse an owner of a nonconforming sign, including (1) a voluntary agreement between the owner and the local government allowing for its removal after a set period of time and (2) when the nonconforming sign is a public nuisance or detrimental to public health or safety. Allows the local government to bring an action in superior court to determine monetary compensation to be paid in the event there is disagreement, with the court required to determine the factors set forth in its calculation. Specifies that these provisions do not affect a local government's power of eminent domain pursuant to GS Chapter 40A.