Utah Code 10-9a-513. Municipality’s acquisition of billboard by eminent domain — Removal without providing compensation — Limit on allowing nonconforming billboards to be rebuilt or replaced — Validity of municipal permit after issuance of state …

10-9a-513. Municipality’s acquisition of billboard by eminent domain — Removal without providing compensation — Limit on allowing nonconforming billboards to be rebuilt or replaced — Validity of municipal permit after issuance of state permit.

(1)

As used in this section:

Terms Used In Utah Code 10-9a-513

Billboard: means a freestanding ground sign located on industrial, commercial, or residential property if the sign is designed or intended to direct attention to a business, product, or service that is not sold, offered, or existing on the property where the sign is located. See Utah Code 10-9a-103
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
Highway: includes :Utah Code 68-3-12.5
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
Land: includes :Utah Code 68-3-12.5
Municipal: means of or relating to a municipality. See Utah Code 10-1-104
Municipality: means :

(a)	a city of the first class, city of the second class, city of the third class, city of the fourth class, city of the fifth class;

(b)	a town, as classified in Section 10-2-301; or

(c)

a metro township as that term is defined in Section 10-2a-403 unless the term is used in the context of authorizing, governing, or otherwise regulating the provision of municipal services. See Utah Code 10-1-104

Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5

State: includes any department, division, or agency of the state. See Utah Code 10-9a-103

Substantial evidence: means evidence that:

(a)	is beyond a scintilla; and

(b)	a reasonable mind would accept as adequate to support a conclusion. See Utah Code 10-9a-103 Writing: includes :Utah Code 68-3-12.5
(a)	“Clearly visible” means capable of being read without obstruction by an occupant of a vehicle traveling on a street or highway within the visibility area.

(b)

“Highest allowable height” means:

(i)	if the height allowed by the municipality, by ordinance or consent, is higher than the height under Subsection (1)(b)(ii), the height allowed by the municipality; or

(ii)

(A)

for a noninterstate billboard:

(I)	if the height of the previous use or structure is 45 feet or higher, the height of the previous use or structure; or

(II)	if the height of the previous use or structure is less than 45 feet, the height of the previous use or structure or the height to make the entire advertising content of the billboard clearly visible, whichever is higher, but no higher than 45 feet; and

(B)

for an interstate billboard:

(I)	if the height of the previous use or structure is at or above the interstate height, the height of the previous use or structure; or

(II)	if the height of the previous use or structure is less than the interstate height, the height of the previous use or structure or the height to make the entire advertising content of the billboard clearly visible, whichever is higher, but no higher than the interstate height.

(c)	“Interstate billboard” means a billboard that is intended to be viewed from a highway that is an interstate.

(d)

“Interstate height” means a height that is the higher of:

(i)	65 feet above the ground; and

(ii)	25 feet above the grade of the interstate.

(e)	“Noninterstate billboard” means a billboard that is intended to be viewed from a street or highway that is not an interstate.

(f)

“Visibility area” means the area on a street or highway that is:

(i)	defined at one end by a line extending from the base of the billboard across all lanes of traffic of the street or highway in a plane that is perpendicular to the street or highway; and

(ii)

defined on the other end by a line extending across all lanes of traffic of the street or highway in a plane that is:

(A)	perpendicular to the street or highway; and

(B)

(I)	for an interstate billboard, 500 feet from the base of the billboard; or

(II)	for a noninterstate billboard, 300 feet from the base of the billboard.

(2)

(a)

If a billboard owner makes a written request to the municipality with jurisdiction over the billboard to take an action described in Subsection (2)(b), the billboard owner may take the requested action, without further municipal land use approval, 180 days after the day on which the billboard owner makes the written request, unless within the 180-day period the municipality:

(i)

in an attempt to acquire the billboard and associated rights through eminent domain under Section 10-9a-512 for the purpose of terminating the billboard and associated rights:

(A)	completes the procedural steps required under 5, before the filing of an eminent domain action; and

(B)	files an eminent domain action in accordance with 5;

(ii)	denies the request in accordance with Subsection (2)(d); or

(iii)

requires the billboard owner to remove the billboard in accordance with Subsection (3).

(b)

Subject to Subsection (2)(a), a billboard owner may:

(i)	rebuild, maintain, repair, or restore a billboard structure that is damaged by casualty, an act of God, or vandalism;

(ii)	relocate or rebuild a billboard structure, or take another measure, to correct a mistake in the placement or erection of a billboard for which the municipality issued a permit, if the proposed relocation, rebuilding, or other measure is consistent with the intent of that permit;

(iii)

structurally modify or upgrade a billboard;

(iv)

relocate a billboard into any commercial, industrial, or manufacturing zone within the municipality’s boundaries, if the relocated billboard is:

(A)	within 5,280 feet of the billboard’s previous location; and

(B)

no closer than 300 feet from an off-premise sign existing on the same side of the street or highway, or if the street or highway is an interstate or limited access highway that is subject to 5, the distance allowed under that act between the relocated billboard and an off-premise sign existing on the same side of the interstate or limited access highway; or

(v)

make one or more of the following modifications, as the billboard owner determines, to a billboard that is structurally altered by modification or upgrade under Subsection (2)(b)(iii), by relocation under Subsection (2)(b)(iv), or by any combination of these alterations:

(A)

erect the billboard:

(I)	to the highest allowable height; and

(II)	as the owner determines, to an angle that makes the entire advertising content of the billboard clearly visible; or

(B)	install a sign face on the billboard that is at least the same size as, but no larger than, the sign face on the billboard before the billboard’s relocation.

(c)	A modification under Subsection (2)(b)(v) shall comply with 5, to the extent applicable.

(d)

A municipality may deny a billboard owner’s request to relocate or rebuild a billboard structure, or to take other measures, in order to correct a mistake in the placement or erection of a billboard without acquiring the billboard and associated rights through eminent domain under Section 10-9a-512, if the mistake in placement or erection of the billboard is determined by clear and convincing evidence, in a proceeding that protects the billboard owner’s due process rights, to have resulted from an intentionally false or misleading statement:

(i)	by the billboard applicant in the application; and

(ii)	regarding the placement or erection of the billboard.

(e)

A municipality that acquires a billboard and associated rights through eminent domain under Section 10-9a-512 shall pay just compensation to the billboard owner in an amount that is:

(i)	the value of the existing billboard at a fair market capitalization rate, based on actual annual revenue, less any annual rent expense;

(ii)	the value of any other right associated with the billboard;

(iii)

the cost of the sign structure; and

(iv)	damage to the economic unit described in Subsection 72-7-510(3)(b), of which the billboard owner’s interest is a part.

(f)

If a municipality commences an eminent domain action under Subsection (2)(a)(i):

(i)	the provisions of Section 78B-6-510 do not apply; and

(ii)

the municipality may not take possession of the billboard or the billboard’s associated rights until:

(A)	completion of all appeals of a judgment allowing the municipality to acquire the billboard and associated rights; and

(B)	the billboard owner receives payment of just compensation, described in Subsection (2)(e).

(g)

Unless the eminent domain action is dismissed under Subsection (2)(h)(ii), a billboard owner may proceed, without further municipal land use approval, to take an action requested under Subsection (2)(a), if the municipality’s eminent domain action commenced under Subsection (2)(a)(i) is dismissed without an order allowing the municipality to acquire the billboard and associated rights.

(h)

(i)	A billboard owner may withdraw a request made under Subsection (2)(a) at any time before the municipality takes possession of the billboard or the billboard’s associated rights in accordance with Subsection (2)(f)(ii).

(ii)	If a billboard owner withdraws a request in accordance with Subsection (2)(h)(i), the court shall dismiss the municipality’s eminent domain action to acquire the billboard or associated rights.

(3)

Notwithstanding Section 10-9a-512, a municipality may require the owner of a billboard to remove the billboard without acquiring the billboard and associated rights through eminent domain if:

(a)

the municipality determines:

(i)	by clear and convincing evidence that the applicant for a permit intentionally made a false or misleading statement in the applicant’s application regarding the placement or erection of the billboard; or

(ii)

by substantial evidence that the billboard:

(A)	is structurally unsafe;

(B)	is in an unreasonable state of repair; or

(C)	has been abandoned for at least 12 months;

(b)	the municipality notifies the billboard owner in writing that the billboard owner’s billboard meets one or more of the conditions listed in Subsections (3)(a)(i) and (ii);

(c)

the billboard owner fails to remedy the condition or conditions within:

(i)	180 days after the day on which the billboard owner receives written notice under Subsection (3)(b); or

(ii)

if the condition forming the basis of the municipality’s intention to remove the billboard is that it is structurally unsafe, 10 business days, or a longer period if necessary because of a natural disaster, after the day on which the billboard owner receives written notice under Subsection (3)(b); and

(d)

following the expiration of the applicable period under Subsection (3)(c) and after providing the billboard owner with reasonable notice of proceedings and an opportunity for a hearing, the municipality finds:

(i)	by clear and convincing evidence, that the applicant for a permit intentionally made a false or misleading statement in the application regarding the placement or erection of the billboard; or

(ii)	by substantial evidence that the billboard is structurally unsafe, is in an unreasonable state of repair, or has been abandoned for at least 12 months.

(4)	A municipality may not allow a nonconforming billboard to be rebuilt or replaced by anyone other than the billboard’s owner, or the billboard’s owner acting through a contractor, within 500 feet of the nonconforming location.

(5)

A permit that a municipality issues, extends, or renews for a billboard remains valid beginning on the day on which the municipality issues, extends, or renews the permit and ending 180 days after the day on which a required state permit is issued for the billboard if:

(a)	the billboard requires a state permit; and

(b)	an application for the state permit is filed within 30 days after the day on which the municipality issues, extends, or renews a permit for the billboard.

Amended by Chapter 239, 2018 General Session

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