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PRESENTED BY:MARNIE CHRISTINE CODY, ESQ.
ANDDONNA DESMOND, ASA
Alternatives to Compensation in Billboard
Removal
Eight – SheetsEight – Sheets Poster PanelsPoster Panels
Billboards in the Way
Bulletins - StaticBulletins - Static DigitalsDigitals
Billboards in the Way
What’s the Problem?
Billboards have significant value
Value is locational dependant
Local ordinances restrict relocation/replacement
State restricts location of billboards
Property owners may not approve
Controlling Authorities
City or County Issues building permit Regulates placement or relocation of billboards
within area of jurisdiction
Caltrans Outdoor Advertising Act controls placement and
operations of all billboards within 660 ft. of and visible from state and federal controlled right of way and in many instances, billboards beyond 660 ft. that are or would be primarily visible from the right of way
Regulates size, placement, illumination, distance between billboards and proximity to commercial/industrial areas
Cal Bus. & Prof Code §5412 – The Bible of Relocation
… “no advertising display which was lawfully erected anywhere within the state shall be compelled to be removed” …
... “without payment of compensation, as defined in Eminent Domain Law” …
... “The compensation shall be paid to the owner or owners of the advertising display and the owner or owners of the land upon which the display is located.”
Cal Bus. & Prof Code §5412 – The Bible of Relocation
‘Relocation,’ as used in this section, includes removal of a display and construction of a new display to substitute for the display removed.
It is a policy of this state to encourage local entities and display owners to enter into relocation agreements which allow local entities to continue development in a planned manner without expenditure of public funds while allowing the continued maintenance of private investment and a medium of public communication. Cities, counties, … are specifically empowered to enter into relocation agreements on whatever terms are agreeable to the display owner and the city, county …
Alternatives to Compensation
What are the parties goals?
Sign operator’s goal = preservation of asset & income
Agency’s goal = development in a planned manner without expenditure of public funds
Is it only an encroachment issue?
Reaching the Parties’ Goals:
It all starts with communication
Can the sign’s removal be avoided?
Is there any rush to clear the property?
Considerations When Sign is Compelled to be Removed
Potential for Same-Site Relocation Sign In-Kind Sign Upgrade
Alternative Site Relocation What is a comparable site? It is not “relocation” if the sign operator already could
have constructed there. Build new or modify existing signs & expand
entitlements?
Case Study #1
Single 12’ x 24’ sign showing to Hwy 126
Condemned for redevelopment purposes
ED filed and settled by negotiated agreement
Sign owner has continued possession
Parties in cooperation toward relocation, site selection & agency approvals
Right to compensation secured in amount to be determined if possession is ended w/in 15 years with no relocation
Case Study #2 – A 7½ Year Odyssey
14 signs acquired through eminent domain for roadway construction
All conventional static billboards of varying size showing to greatly traveled high demographic thoroughfare
Valued at $14,000,000
Result: sign company relocated 4 billboards including 2 electronic displays adjacent major freeway on property owned by condemning agency
Case Study #2 – A 7½ Year Odyssey
It takes a village: Local Transportation Authority
City Council District Mayor
Dept. of City Planning, Community Planning Bureau & Dev. Services
Public Work Bureau of Engineering EIR Consultant
Community Redevelopment Agency Bureau of Street Services
Department of Building & Safety State Department of Transportation
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