§ 136-131. Removal of existing nonconforming advertising.
§136‑131. Removal of existing nonconforming advertising.
The Department ofTransportation is authorized to acquire by purchase, gift, or condemnation alloutdoor advertising and all property rights pertaining thereto which areprohibited 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 dateof this Article as determined by G.S. 136‑140, or provided that it islawfully erected after the effective date of this Article as determined by G.S.136‑140.
In any acquisition, purchaseor condemnation, just compensation to the owner of the outdoor advertising,where the owner of the outdoor advertising does not own the fee, shall belimited to the fair market value at the time of the taking of the outdooradvertising owner's interest in the real property on which the outdooradvertising is located and such value shall include the value of the outdooradvertising.
In any acquisition, purchaseor condemnation, just compensation to the owner of the fee or other interest inthe real property upon which the outdoor advertising is located where saidowner does not own the outdoor advertising located thereon shall be limited tothe difference in the fair market value of the entire tract immediately beforeand immediately after the taking by the Department of Transportation of theright to maintain such outdoor advertising thereon and in arriving at the fairmarket value after the taking, any special or general benefits accruing to theproperty by reason of the acquisition shall be taken into consideration.
In any acquisition, purchaseor condemnation, just compensation to the owner of the fee in the real propertyupon which the outdoor advertising is located, where said owner also owns theoutdoor advertising located thereon, shall be limited to the fair market valueof the outdoor advertising plus the difference in the fair market value of theentire tract immediately before and immediately after the taking by theDepartment of Transportation of the right to maintain such outdoor advertisingthereon and in arriving at the fair market value after the taking, any specialor general benefits accruing to the property by reason of the acquisition shallbe 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.)