Idaho State Statutes - Idaho Attorney Directory

REMOVAL OF OFF-PREMISES OUTDOOR ADVERTISING PROHIBITED WITHOUT
COMPENSATION. (1) No governmental entity, including the state, or any
municipality, county or other political subdivision shall remove or cause to
be removed any legally placed off-premises outdoor advertising without paying
compensation in cash or other method of payment mutually agreed upon, to the
owner of the off-premises outdoor advertising based upon the fair market value
of the off-premises outdoor advertising removed or proposed to be removed.
(2) As used in this section:
(a) "Off-premises outdoor advertising" means any outdoor sign, display,
light, device, figure, painting, drawing, message, plaque, poster,
billboard or other thing which is designed, intended or used to advertise
or inform and which is situated in order to be visible from any highway,
or other traveled way and which is located on property which is separate
from and not adjoining the premises or property on which the advertised
activity is carried out.
(b) "Fair market value of the off-premises outdoor advertising" means the
value of the off-premises outdoor advertising which shall include
consideration of the income derived from the same and which shall
otherwise be determined in the same manner as provided in section 7-711,
Idaho Code.
(c) "Legally placed" means, in reference to off-premises outdoor
advertising, off-premises outdoor advertising which was erected in
compliance with state laws and local ordinances, in effect at the time of
erection or which was subsequently brought into compliance with state laws
and local ordinances, except that the term does not apply to any
off-premises outdoor advertising whose use is modified after erection in a
manner which causes it to become illegal. Nothing herein shall require the
payment of compensation for the removal by a governmental entity of any
off-premises or other outdoor advertising which is, without authorization,
erected or located in or upon a public right-of-way unless the same was
legally placed thereon prior to the premises becoming a public
right-of-way.
(d) "Relocation" means removal of off-premises outdoor advertising and
construction within the same market area of new off-premises outdoor
advertising to substitute for the off-premises outdoor advertising
removed.
(3) It is a policy of this state to encourage governmental entities and
owners of off-premises outdoor advertising to enter into relocation
agreements in lieu and instead of paying the compensation provided herein, to
continue development in a planned manner without expenditures of public funds
while allowing continued maintenance of private investment and a medium of
public communication. The state, cities, counties and all other political
subdivisions are specifically empowered to enter into relocation agreements on
whatever terms are agreeable to the off-premises outdoor advertising owner and
the governmental entity and to adopt rules, ordinances or resolutions
providing for relocation of off-premises outdoor advertising, provided that
nothing herein shall require compensation other than the actual cost of
relocation unless the said owner is reasonably unable to acquire an alternate
permissible location of comparable cost and value within the same market area.
Notwithstanding anything to the contrary herein, this section shall not be
construed to prohibit a governmental entity from entering into any relocation
agreement upon such terms as shall be otherwise lawful.
(4) The requirement by a local governmental entity that legally placed
off-premises advertising be removed as a condition or prerequisite for the
issuance or continued effectiveness of a permit, license or other approval for
any use, structure, development or activity other than off-premises outdoor
advertising constitutes a compelled removal requiring compensation under this
section unless the permit, license or approval is requested for the
construction of a building or structure which cannot be built without
physically removing the off-premises outdoor advertising.

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