136-131. Removal of existing nonconforming advertising.
The Department of Transportation is authorized to acquire by purchase, gift, or condemnation all outdoor advertising and all property rights pertaining thereto which are prohibited under the provisions of G.S. 136-129, 136-129.1 or 136-129.2, provided such outdoor advertising is in lawful existence on the effective date of this Article as determined by G.S. 136-140, or provided that it is lawfully erected after the effective date of this Article as determined by G.S. 136-140.
In any acquisition, purchase or condemnation, just compensation to the owner of the outdoor advertising, where the owner of the outdoor advertising does not own the fee, shall be limited to the fair market value at the time of the taking of the outdoor advertising owner's interest in the real property on which the outdoor advertising is located and such value shall include the value of the outdoor advertising.
In any acquisition, purchase or condemnation, just compensation to the owner of the fee or other interest in the real property upon which the outdoor advertising is located where said owner does not own the outdoor advertising located thereon shall be limited to the difference in the fair market value of the entire tract immediately before and immediately after the taking by the Department of Transportation of the right to maintain such outdoor advertising thereon and in arriving at the fair market value after the taking, any special or general benefits accruing to the property by reason of the acquisition shall be taken into consideration.
In any acquisition, purchase or condemnation, just compensation to the owner of the fee in the real property upon which the outdoor advertising is located, where said owner also owns the outdoor advertising located thereon, shall be limited to the fair market value of the outdoor advertising plus the difference in the fair market value of the entire tract immediately before and immediately after the taking by the Department of Transportation of the right to maintain such outdoor advertising thereon and in arriving at the fair market value after the taking, any special or general benefits accruing to the property by reason of the acquisition shall be taken into consideration. (1967, c. 1248, s. 6; 1973, c. 507, s. 5; 1975, c. 568, ss. 8-10; 1977, c. 464, s. 7.1; 1993, c. 524, s. 3.)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 11 - Outdoor Advertising Control Act.
§ 136-127 - Declaration of policy.
§ 136-129 - Limitations of outdoor advertising devices.
§ 136-129.1 - Limitations of outdoor advertising devices beyond 660 feet.
§ 136-130 - Regulation of advertising.
§ 136-131 - Removal of existing nonconforming advertising.
§ 136-131.2 - Modernization of outdoor advertising devices.
§ 136-131.5 - Relocation of lawfully existing outdoor advertising sign.
§ 136-132 - Condemnation procedure.
§ 136-133.1 - Outdoor advertising vegetation cutting or removal.
§ 136-133.2 - Issuance or denial of a selective vegetation removal permit.
§ 136-133.3 - Appeals of selective vegetation removal permit decisions.
§ 136-133.4 - Selective vegetation removal permits.
§ 136-133.5 - Denial of a permit for proposed outdoor advertising.
§ 136-134 - Illegal advertising.
§ 136-134.1 - Judicial review.
§ 136-134.2 - Notification requirements.
§ 136-135 - Enforcement provisions.
§ 136-137 - Information directories.
§ 136-138 - Agreements with United States authorized.
§ 136-139 - Alternate control.