40-506. COMPENSATION FOR TAKING CERTAIN PROPERTY. (1) The department is authorized to acquire by purchase, gift or condemnation, all advertising displays and any property rights pertaining to them, when those advertising displays are required to be removed under the provisions of chapter 19, title 40, Idaho Code.
(2) In any appropriation for this purpose the department shall pay compensation under existing eminent domain law only for the following:
(a) The taking from the owner of a sign, display, or device of all right, title, leasehold, and interest in the sign, display or device; and
(b) The taking from the owner of the real property on which the sign, display, or device is located, of the right to erect and maintain signs, displays and devices on that property. Where setback easements restricting the erection of structures or advertising displays have been recorded by the state on land where those structures have been erected, the landowner of the land shall be deemed to have been fully compensated for them.
(3) In any action at law instituted by the department under this section the state shall not be required, as a prerequisite, to the taking of or appropriation to comply with section 7-704 2. or section 7-707 7., Idaho Code.
History:
[40-506, added 1985, ch. 253, sec. 2, p. 614; am. 1997, ch. 156, sec. 2, p. 452; am. 2006, ch. 450, sec. 2, p. 1340.]
Structure Idaho Code
Title 40 - HIGHWAYS AND BRIDGES
Chapter 5 - IDAHO TRANSPORTATION DEPARTMENT
Section 40-501 - TRANSPORTATION DEPARTMENT.
Section 40-502 - MAINTENANCE OF STATE HIGHWAYS.
Section 40-503 - OFFICES — APPOINTMENT — QUALIFICATIONS — COMPENSATION.
Section 40-504 - DIRECTOR — BOND.
Section 40-505 - DIRECTOR — DUTIES AND POWERS.
Section 40-506 - COMPENSATION FOR TAKING CERTAIN PROPERTY.
Section 40-507 - CONSTRUCTION AND MAINTENANCE OF INFORMATION CENTERS.
Section 40-508 - TRAFFIC SAFETY COMMISSION CREATED — MEMBERSHIP.
Section 40-509 - DUTIES OF TRAFFIC SAFETY COMMISSION.
Section 40-511 - STOPPING AND INSPECTION.
Section 40-513 - VETERANS MEMORIAL CENTENNIAL BRIDGE ESTABLISHED.
Section 40-513A - DESIGNATION OF THE I.B. PERRINE BRIDGE.
Section 40-513B - PORTION OF U.S. HIGHWAY 95 DESIGNATED AS STU DOPF MEMORIAL HIGHWAY.
Section 40-513C - DESIGNATION OF PURPLE HEART TRAIL.
Section 40-513D - STATE HIGHWAY 3 DESIGNATED AS NORTH IDAHO MEDAL OF HONOR HIGHWAY.
Section 40-513E - DESIGNATION OF VIETNAM VETERANS MEMORIAL HIGHWAY.
Section 40-513F - DESIGNATION OF THE IDAHO MEDAL OF HONOR HIGHWAY.
Section 40-513G - DESIGNATION OF THE POW/MIA MEMORIAL HIGHWAY.
Section 40-513H - DESIGNATION OF THE BOBBY CHAMBERS MEMORIAL HIGHWAY.
Section 40-516 - LEGISLATIVE INTENT: DIG ONCE POLICY.
Section 40-518 - DIG ONCE POLICY NOTIFICATION AND PROJECT IDENTIFICATION.
Section 40-519 - PROVIDER SHALL NOT BE ASSESSED FAIR MARKET VALUE.