REVISIONS TO OUTDOOR ADVERTISING LAWS.

View NCGA Bill Details2017-2018 Session
House Bill 579 (Public) Filed Wednesday, April 5, 2017
AN ACT TO CLARIFY THE STANDARDS FOR DETERMINING JUST COMPENSATION FOR THE REMOVAL OF OFF-PREMISES OUTDOOR ADVERTISING.
Intro. by Lewis, Saine, Goodman, Hanes.

Status: Re-ref Com On Rules, Calendar, and Operations of the House (House Action) (Apr 26 2017)
H 579

Bill Summaries:

  • Summary date: Apr 6 2017 - More information

    Amends Article 11 of GS Chapter 136, the Outdoor Advertising Control Act, as follows.

    Modifies and adds to the definitions that apply to the Article, set out in GS 136-128. Modifies the definition for erect. Adds the term off-premises outdoor advertising, and defines the term to mean the use of land consisting of a sign erected and maintained for the purpose of (1) displaying, advertising, identifying, or directing attention to business products, operations, or services sold or offered at a site other than the site where the sign is erected or (2) promoting an attraction, activity, idea, opinion, or other noncommercial messaging that is unrelated to the site where the sign is erected. Provides that a sign meeting this definition is commonly known as a billboard, where space is commonly made available or rented to advertisers to display their messages to the traveling public.

    Renames GS 136-131, Removal of existing off-premises outdoor advertising (currently, Removal of existing nonconforming advertising). Makes organizational changes to provide for subsections. Modifies the statute to now authorize the Department of Transportation to acquire by purchase, gift, or condemnation all off-premises outdoor advertising and all property rights pertaining thereto, provided the off-premises advertising is in lawful existence on the effective date of the Article as determined by GS 136-140, or provided that it is lawfully erected after the effective date of the Article as determined by GS 136-140. Adds that this statute applies to all acquisitions, purchases, condemnations, or takings by the Department of Transportation that cause the removal of any lawfully erected off‑premises outdoor advertising, regardless of the outdoor advertising sign's location and proximity to the interstates or primary systems. Provides that the unit rule for valuing property cannot be used in determining just compensation under this statute. Sets out that for purposes of this section, unit rule means paying the undivided interest in real property, rather than the value of each owner's partial interest. Additionally, sets forth nine factors to be used in determining just compensation for off-premises outdoor advertising and all property rights pertaining thereto. Makes conforming changes to the existing language of the statute. New subsection (b) directs the Department of Transportation, prior to any acquisition under the statute, to undertake the project necessitating the acquisition in accordance with GS 133‑11 to minimize adverse impacts to the displaced off‑premises outdoor advertiser and reduce the costs of acquiring the off‑premises outdoor advertising and all property rights thereto, including allowing the off‑premises outdoor advertising to remain until actual construction or other physical site work is commenced on the project and within 100 feet of the off‑premises outdoor advertising sign. New subsection (c) establishes that the owner of off‑premises outdoor advertising is entitled to recover from the party causing the removal of the off‑premises outdoor advertising the reasonable costs of relocating and reconstructing the displaced off‑premises outdoor advertising, including an amount equivalent to the income received by the off‑premises outdoor advertiser from the availability or rental of space on the off‑premises outdoor advertising sign for a period of up to 30 days if the income is lost during the relocation of the sign, in addition to receiving just compensation in accordance with the statute. Applies to determinations of just compensation on or after the date the act becomes law.

    Amends GS 153A-143 (regulation of outdoor advertising by counties) and GS 160A-199 (regulation of outdoor advertising by cities). Applies to outdoor advertising that has not been removed as of the date the act becomes law. 

    Modifies subsection (d) in each statute to now provide that no county or city can cause or require the removal of any nonconforming, lawfully erected off‑premises outdoor advertising sign without the payment of monetary compensation to the owners of the off‑premises outdoor advertising, except as provided in the subdivisions of subsection (d). Adds new subsection (d1) to each statute prohibiting counties and cities from conditioning the grant of any development approval on the removal of off‑premises outdoor advertising without the payment of monetary compensation as prescribed by each respective statute. Sets out the meaning of development approval.

    Amends subsection (e) in each statute, to provide that monetary compensation, being the fair market value of the off-premises outdoor advertising in place immediately prior to its removal, is to include the consideration of the value of (1) the off‑premises outdoor advertising owner's interest in the real property on which the off‑premises outdoor advertising is located, (2) the off‑premises outdoor advertising sign structure, and (3) any rights, including permits, appurtenant to the off‑premises outdoor advertising use. Requires monetary compensation to be determined in accordance with GS 136-131 as amended (currently, based on the factors listed in GS 105-317.1(a) and the listed property tax value of the property and any documents regarding value submitted to the taxing authority). Applies to determinations of just compensation on or after the date the act becomes law.

    Deletes subsection (m) in each statute which preserved county and city ordinances in effect prior to the effective date of the statute and allowed for modification of existing statues. Amends subsection (n) in both statutes, clarifying that the statute does not modify the rights of off-premises outdoor advertising set forth in Article 11 of GS Chapter 136. Sets forth that the standards set out in GS 136-131, as amended, apply to any county or city that causes the removal of off-premises outdoor advertising through the exercise of its power of eminent domain. 

    Directs the Department of Transportation to adopt rules to implement the provisions of the act no later than six months after the effective date of the act. Sets forth the procedure the Department is to use to adopt the rules, including having the proposed rule published, accepting written comments on the proposed rule, and holding a public hearing on the proposed rule prior to adoption. Provides that a rule adopted in accordance with this provision becomes effective on the first day of the month following the month the Department of Transportation adopts the rule and submits the rule to the Codifier of Rules for entry into the NC Administrative Code. Any rule adopted more than six months after the effective date of this act must comply with the requirement of Article 2A of GS Chapter 150B.

    Makes any rule or policy adopted by the Department that does not comply with with this act null and void.

    Provides a severability clause.


  • Summary date: Apr 5 2017 - More information

    To be summarized. 


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