A. If it is considered feasible by the director, the director may screen a junkyard that is in existence on July 1, 1974, that is located within one thousand feet of the nearest edge of the right-of-way of the interstate or primary systems and that is visible from the main traveled way of the interstate or primary systems. The screening shall be at locations on the right-of-way so that the junkyard is not visible from the main traveled way of the interstate or primary systems.
Terms Used In Arizona Laws 28-7942
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Director: means the director of the department of transportation. See Arizona Laws 28-101
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Junk: means :
(a) Old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber debris or waste. See Arizona Laws 28-7941
- Junkyard: means an establishment or place of business maintained, used or operated for storing, keeping, buying or selling junk or for maintaining or operating an automobile graveyard, including garbage dumps and sanitary landfills. See Arizona Laws 28-7941
- Owner: means :
(a) A person who holds the legal title of a vehicle. See Arizona Laws 28-101
- Primary system: means that portion of connected main highways located in this state that are officially designated by the board and approved by the United States secretary of transportation pursuant to 23 United States Code. See Arizona Laws 28-7941
- Property: includes both real and personal property. See Arizona Laws 1-215
- Right-of-way: when used within the context of the regulation of the movement of traffic on a highway means the privilege of the immediate use of the highway. See Arizona Laws 28-101
- State: means a state of the United States and the District of Columbia. See Arizona Laws 28-101
- Unzoned industrial area: means an area that is not zoned under authority of state law and in which the land use is characteristic of that generally permitted only in areas that are actually zoned industrial under authority of state law and that embraces all land on the same side of the highway on which one or more industrial activities are conducted, including all land within one thousand feet measured in each direction parallel to the highway from the nearest edge of the industrial building or activity on the land. See Arizona Laws 28-7941
B. If the director determines that the topography of the land adjoining the interstate or primary systems does not permit adequate screening of the junkyards or that the screening would not be economically feasible, the director may require the relocation, removal or disposal of the junkyard and its junk by agreement, purchase, exchange or eminent domain or may acquire the junkyard and its junk by gift or other lawful means. If the director determines that it is in the best interest of this state, the director may acquire in the name of this state the land or an interest in the land that is necessary to accomplish the purposes of this article.
C. The owner of a junkyard that is located within one thousand feet of the nearest edge of the right-of-way of the interstate or primary system and that is visible from the main traveled way of the system whose property is taken in eminent domain is entitled to the payment of damages and to applicable relocation assistance payments, except that the owner is not entitled to the payments if the junkyard was established after May 11, 1971 unless the junkyard did not constitute a public nuisance pursuant to this article when it was established and was not otherwise unlawfully established in violation of municipal or county ordinances.
D. The director shall adopt and enforce rules governing the location, planting, construction and maintenance, including the materials used, in screening junkyards as required under this article.
E. This section does not apply to a junkyard that is operated in an area adjacent to an interstate or primary system, that is within one thousand feet of the nearest edge of the right-of-way and that is within an area zoned for industrial use or within an unzoned industrial area.