S.B. 190 Enrolled

1

ACQUISITION OF A BILLBOARD BY
2 EMINENT DOMAIN
3 2009 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Wayne L. Niederhauser
6 House Sponsor: Craig A. Frank
7
8 LONG TITLE
9 General Description:
10 This bill modifies provisions relating to county and municipal acquisition of a
11 billboard by eminent domain.
12 Highlighted Provisions:
13 This bill:
14 . modifies a provision relating to the authority of a billboard owner who is
15 structurally modifying, upgrading, or relocating a billboard;
16 . provides that a county or municipality is considered to have initiated the
17 acquisition of a billboard structure if the county or municipality prevents a
18 billboard owner from making modifications, as the billboard owner determines, to a
19 billboard that is modified, upgraded, or relocated;
20 . requires counties and municipalities considered to have initiated the acquisition of
21 a billboard by eminent domain to pay just compensation; and
22 . defines the just compensation that counties and municipalities are required to pay.
23 Monies Appropriated in this Bill:
24 None
25 Other Special Clauses:
26 None
27 Utah Code Sections Affected:
28 AMENDS:
29 10-9a-513, as last amended by Laws of Utah 2007, Chapter 171

30 17-27a-512, as last amended by Laws of Utah 2007, Chapter 171
31
32 Be it enacted by the Legislature of the state of Utah:
33 Section 1. Section 10-9a-513 is amended to read:
34 10-9a-513. Municipality's acquisition of billboard by eminent domain --
35 Removal without providing compensation -- Limit on allowing nonconforming
36 billboards to be rebuilt.
37 (1) (a) A municipality is considered to have initiated the acquisition of a billboard
38 structure by eminent domain if the municipality prevents a billboard owner from:
39 (i) rebuilding, maintaining, repairing, or restoring a billboard structure that is damaged
40 by casualty, an act of God, or vandalism;
41 (ii) except as provided in Subsection (1)(c), relocating or rebuilding a billboard
42 structure, or taking other measures, to correct a mistake in the placement or erection of a
43 billboard for which the municipality has issued a permit, if the proposed relocation,
44 rebuilding, or other measure is consistent with the intent of that permit;
45 (iii) structurally modifying or upgrading a billboard; [or]
46 (iv) relocating a billboard into any commercial, industrial, or manufacturing zone
47 within the municipality's boundaries, if:
48 (A) the relocated billboard is:
49 [(A)] (I) within 2,640 feet of its previous location; and
50 [(B)] (II) no closer than 500 feet from an off-premise sign existing on the same side of
51 the street or highway; and
52 [(C)] (B) (I) the billboard owner has submitted a written request under Subsection
53 10-9a-511 (3)(c); and
54 (II) the municipality and billboard owner are unable to agree, within the time provided
55 in Subsection 10-9a-511 (3)(c), to a mutually acceptable location[.]; or
56 [(b) A] (v) making the following modifications, as the billboard owner determines, to
57 a billboard that is structurally [modifying or upgrading a billboard] modified or upgraded

58 under Subsection (1)(a)(iii) or [relocating the billboard] relocated under Subsection (1)(a)(iv):
59 [(i) may, as the owner determines:]
60 (A) [erect] erecting the billboard:
61 (I) to a height that is at least the same as, but no higher than, the previous use or
62 structure, unless the municipality's ordinances allow or the municipality consents to a higher
63 structure; and
64 (II) to a height and angle to make it clearly visible to traffic on the main traveled way
65 of the street or highway on which the billboard is located; and
66 (B) [install] installing a sign face on the billboard that is at least the same size as, but
67 no larger than, the sign face on the billboard before its relocation[; and].
68 [(ii)] (b) A modification under Subsection (1)(a)(v) shall comply with Title 72,
69 Chapter 7, Part 5, Utah Outdoor Advertising Act, to the extent applicable.
70 (c) A municipality's denial of a billboard owner's request to relocate or rebuild a
71 billboard structure, or to take other measures, in order to correct a mistake in the placement or
72 erection of a billboard does not constitute the initiation of acquisition by eminent domain
73 under Subsection (1)(a) if the mistake in placement or erection of the billboard is determined
74 by clear and convincing evidence to have resulted from an intentionally false or misleading
75 statement:
76 (i) by the billboard applicant in the application; and
77 (ii) regarding the placement or erection of the billboard.
78 (d) If a municipality is considered to have initiated the acquisition of a billboard
79 structure by eminent domain under Subsection (1)(a) or any other provision of applicable law,
80 the municipality shall pay just compensation to the billboard owner in an amount that is:
81 (i) the value of the existing billboard at a fair market capitalization rate, based on
82 actual annual revenue, less any annual rent expense;
83 (ii) the value of any other right associated with the billboard structure that is acquired;
84 (iii) the cost of the sign structure; and
85 (iv) damage to the economic unit described in Subsection 72-7-510 (3)(b), of which

86 the billboard owner's interest is a part.
87 (2) Notwithstanding Subsection (1) and Section 10-9a-512 , a municipality may
88 remove a billboard without providing compensation if:
89 (a) the municipality determines:
90 (i) by clear and convincing evidence that the applicant for a permit intentionally made
91 a false or misleading statement in the applicant's application regarding the placement or
92 erection of the billboard; or
93 (ii) by substantial evidence that the billboard:
94 (A) is structurally unsafe;
95 (B) is in an unreasonable state of repair; or
96 (C) has been abandoned for at least 12 months;
97 (b) the municipality notifies the owner in writing that the owner's billboard meets one
98 or more of the conditions listed in Subsections (2)(a)(i) and (ii);
99 (c) the owner fails to remedy the condition or conditions within:
100 (i) except as provided in Subsection (2)(c)(ii), 90 days following the billboard owner's
101 receipt of written notice under Subsection (2)(b); or
102 (ii) if the condition forming the basis of the municipality's intention to remove the
103 billboard is that it is structurally unsafe, ten business days, or a longer period if necessary
104 because of a natural disaster, following the billboard owner's receipt of written notice under
105 Subsection (2)(b); and
106 (d) following the expiration of the applicable period under Subsection (2)(c) and after
107 providing the owner with reasonable notice of proceedings and an opportunity for a hearing,
108 the municipality finds:
109 (i) by clear and convincing evidence, that the applicant for a permit intentionally made
110 a false or misleading statement in the application regarding the placement or erection of the
111 billboard; or
112 (ii) by substantial evidence that the billboard is structurally unsafe, is in an
113 unreasonable state of repair, or has been abandoned for at least 12 months.

114 (3) A municipality may not allow a nonconforming billboard to be rebuilt or replaced
115 by anyone other than its owner or the owner acting through its contractors.
116 (4) A permit issued, extended, or renewed by a municipality for a billboard remains
117 valid from the time the municipality issues, extends, or renews the permit until 180 days after
118 a required state permit is issued for the billboard if:
119 (a) the billboard requires a state permit; and
120 (b) an application for the state permit is filed within 30 days after the municipality
121 issues, extends, or renews a permit for the billboard.
122 Section 2. Section 17-27a-512 is amended to read:
123 17-27a-512. County's acquisition of billboard by eminent domain -- Removal
124 without providing compensation -- Limit on allowing nonconforming billboard to be
125 rebuilt.
126 (1) (a) A county is considered to have initiated the acquisition of a billboard structure
127 by eminent domain if the county prevents a billboard owner from:
128 (i) rebuilding, maintaining, repairing, or restoring a billboard structure that is damaged
129 by casualty, an act of God, or vandalism;
130 (ii) except as provided in Subsection (1)(c), relocating or rebuilding a billboard
131 structure, or taking other measures, to correct a mistake in the placement or erection of a
132 billboard for which the county has issued a permit, if the proposed relocation, rebuilding, or
133 other measure is consistent with the intent of that permit;
134 (iii) structurally modifying or upgrading a billboard; [or]
135 (iv) relocating a billboard into any commercial, industrial, or manufacturing zone
136 within the unincorporated area of the county, if:
137 (A) the relocated billboard is:
138 [(A)] (I) within 2,640 feet of its previous location; and
139 [(B)] (II) no closer than 500 feet from an off-premise sign existing on the same side of
140 the street or highway; and
141 [(C)] (B) (I) the billboard owner has submitted a written request under Subsection

142 17-27a-510 (3)(c); and
143 (II) the county and billboard owner are unable to agree, within the time provided in
144 Subsection 17-27a-510 (3)(c), to a mutually acceptable location[.]; or
145 [(b) A] (v) making the following modifications, as the billboard owner determines, to
146 a billboard that is structurally [modifying or upgrading a billboard] modified or upgraded
147 under Subsection (1)(a)(iii) or [relocating the billboard] relocated under Subsection (1)(a)(iv):
148 [(i) may, as the owner determines:]
149 (A) [erect] erecting the billboard:
150 (I) to a height that is at least the same as, but no higher than, the previous use or
151 structure, unless the county's ordinances allow or the county consents to a higher structure;
152 and
153 (II) to a height and angle to make it clearly visible to traffic on the main traveled way
154 of the street or highway on which the billboard is located; and
155 (B) [install] installing a sign face on the billboard that is at least the same size as, but
156 no larger than, the sign face on the billboard before its relocation[; and].
157 [(ii)] (b) A modification under Subsection (1)(a)(v) shall comply with Title 72,
158 Chapter 7, Part 5, Utah Outdoor Advertising Act, to the extent applicable.
159 (c) A county's denial of a billboard owner's request to relocate or rebuild a billboard
160 structure, or to take other measures, in order to correct a mistake in the placement or erection
161 of a billboard does not constitute the initiation of acquisition by eminent domain under
162 Subsection (1)(a) if the mistake in placement or erection of the billboard is determined by
163 clear and convincing evidence to have resulted from an intentionally false or misleading
164 statement:
165 (i) by the billboard applicant in the application; and
166 (ii) regarding the placement or erection of the billboard.
167 (d) If a county is considered to have initiated the acquisition of a billboard structure by
168 eminent domain under Subsection (1)(a) or any other provision of applicable law, the county
169 shall pay just compensation to the billboard owner in an amount that is:

170 (i) the value of the existing billboard at a fair market capitalization rate, based on
171 actual annual revenue, less any annual rent expense;
172 (ii) the value of any other right associated with the billboard structure that is acquired;
173 (iii) the cost of the sign structure; and
174 (iv) damage to the economic unit described in Subsection 72-7-510 (3)(b), of which
175 the billboard owner's interest is a part.
176 (2) Notwithstanding Subsection (1) and Section 17-27a-511 , a county may remove a
177 billboard without providing compensation if:
178 (a) the county determines:
179 (i) by clear and convincing evidence that the applicant for a permit intentionally made
180 a false or misleading statement in the applicant's application regarding the placement or
181 erection of the billboard; or
182 (ii) by substantial evidence that the billboard:
183 (A) is structurally unsafe;
184 (B) is in an unreasonable state of repair; or
185 (C) has been abandoned for at least 12 months;
186 (b) the county notifies the owner in writing that the owner's billboard meets one or
187 more of the conditions listed in Subsections (2)(a)(i) and (ii);
188 (c) the owner fails to remedy the condition or conditions within:
189 (i) except as provided in Subsection (2)(c)(ii), 90 days following the billboard owner's
190 receipt of written notice under Subsection (2)(b); or
191 (ii) if the condition forming the basis of the county's intention to remove the billboard
192 is that it is structurally unsafe, ten business days, or a longer period if necessary because of a
193 natural disaster, following the billboard owner's receipt of written notice under Subsection
194 (2)(b); and
195 (d) following the expiration of the applicable period under Subsection (2)(c) and after
196 providing the owner with reasonable notice of proceedings and an opportunity for a hearing,
197 the county finds:

198 (i) by clear and convincing evidence, that the applicant for a permit intentionally made
199 a false or misleading statement in the application regarding the placement or erection of the
200 billboard; or
201 (ii) by substantial evidence that the billboard is structurally unsafe, is in an
202 unreasonable state of repair, or has been abandoned for at least 12 months.
203 (3) A county may not allow a nonconforming billboard to be rebuilt or replaced by
204 anyone other than its owner or the owner acting through its contractors.
205 (4) A permit issued, extended, or renewed by a county for a billboard remains valid
206 from the time the county issues, extends, or renews the permit until 180 days after a required
207 state permit is issued for the billboard if:
208 (a) the billboard requires a state permit; and
209 (b) an application for the state permit is filed within 30 days after the county issues,
210 extends, or renews a permit for the billboard.