§ 27-74-208 - Removal -- Authority generally -- Compensation.
27-74-208. Removal -- Authority generally -- Compensation.
(a) The commission is authorized and empowered to require the removal of all outdoor advertising signs, displays, and devices not in conformity with this subchapter, which right may be enforced by means of a mandatory injunction or other appropriate remedy.
(b) However, just compensation shall be paid upon the removal of the following outdoor advertising signs, displays, and devices:
(1) Those lawfully in existence on June 29, 1967;
(2) Those lawfully on any highway in this state made a part of the state highway system on or after October 22, 1965, and before June 29, 1967; and
(3) Those lawfully erected on or after June 29, 1967.
(c) Compensation shall be paid for the taking from the owner of any sign, display, or device, of all right, title, leasehold, and interest in any sign, display, or device, and the taking from the owner of the real property on which the sign, display, or device is located, of the right to erect and maintain any signs, displays, and devices thereon.
(d) No municipality, county, or other political subdivision shall remove or cause to be removed any legal outdoor advertising except outdoor advertising that encroaches upon the right-of-way, without paying just compensation therefor.
(e) This section shall have no effect on the ability of municipalities, counties, or other political subdivisions to regulate or control outdoor advertising on highways or arterials which are not part of the interstate or federal-aid primary systems.