Colorado § 43-1-414 - Removal of nonconforming devices.

§ 43-1-414. Removal of nonconforming devices.

(1) The department may remove any nonconforming advertising device and may acquire all real and personal property rights pertaining to the nonconforming advertising device by gift, purchase, agreement, exchange, or eminent domain. All proceedings in eminent domain shall be conducted as may be provided by law. The department may adopt appraisal concepts and acquisition procedures which are appropriate to the evaluation and removal of nonconforming advertising devices.

(2) Just compensation shall be paid for each lawfully permitted nonconforming advertising device. Where the nonconforming advertising device has been modified with approval of the department, just compensation shall be determined as if no changes had been made, unless the changes shall have resulted in a decrease in value. Just compensation shall be paid for the taking, from the owner of such advertising device, of all right, title, leasehold, and interest in such advertising device and for the taking from the owner of real property on which such advertising device is located and of the right to maintain such advertising device.

(3) No advertising device shall be required to be removed until the federal share of the compensation required to be paid upon acquisition of such device becomes available to the state. Nothing in this subsection (3) shall be construed to prevent the department from acquiring any advertising device when the federal share of the compensation required to be paid for such device becomes available to the state, and no state funds shall be used to pay just compensation for any advertising device located along a secondary highway in this state until the federal share of such compensation becomes available to the state.

(4) The department shall promulgate reasonable rules and regulations governing acquisition procedures for the advertising devices, appraisal of advertising devices, and the administration and enforcement of this section. Rules for the appraisal of advertising devices shall take into account normal depreciation.

(5) Tourist-related advertising devices which comply with the rules and regulations adopted by the department may be exempted from removal under the following conditions:

(a) Upon receipt of a declaration, resolution, certified copy of an ordinance, or other clear direction from a state agency, board of county commissioners, city and county, municipality, or other governmental agency, which includes or has attached, on forms provided by the department, an analysis of negative economic impacts provided by such entity and which follows the criteria and method of economic analysis established by the department that removal of tourist-related advertising devices in a defined area would work a substantial economic hardship on that defined area, the department shall review the entity's economic analysis and such defined area. If the department finds that the entity has used the method of economic analysis as prescribed and the entity has determined that the defined area would suffer substantial economic hardship by such removal and that the declaration complies with all applicable rules and regulations, the department shall forward such declaration, resolution, or document and economic analysis with its recommendations to the United States secretary of transportation pursuant to 23 U.S.C. sec. 131(o). Any such declaration, resolution, or document submitted to the department shall further find that such tourist-related advertising devices provide directional information about goods and services in the interest of the traveling public and request the retention by the state in such defined areas of such tourist-related advertising devices.

(b) Each exempted tourist-related advertising device must comply with requirements of the department concerning the directional contents of the device.

(c) The department will review and evaluate each defined area at least every three years to determine if each exemption continues to be warranted.

(6) The provisions of this section shall not be construed to affect the application of any of the provisions of this part 4 to any advertising device until such date as the advertising device is required to be removed under this section. This section is enacted to comply with the requirements of the federal "Highway Beautification Act of 1965".

Source: L. 81: Entire part R&RE, p. 2015, § 1, effective July 1.

Editor's note: This section is similar to former § 43-1-423 as it existed prior to 1981.

Cross references: For the federal "Highway Beautification Act of 1965", see Pub.L. 89-285, codified at 23 U.S.C. § 131 et seq.

ANNOTATION

Exempting from removal certain tourist-related signs is constitutionally permissible. Because the tourist-related sign exemption is tailored narrowly to further an important interest of the state, that exception does not unconstitutionally discriminate in favor of tourist-related advertising devices. Pigg v. State Dept. of Hwys., 746 P.2d 961 (Colo. 1987).

Cities not preempted or bound in regulation of signs. The federal highway beautification act and the Colorado highway sign act have not preempted cities in the regulation of signs nor do they bind the cities by example or standard. Art Neon Co. v. City & County of Denver, 488 F.2d 118 (10th Cir. 1973) (decided under prior law).

Restriction of signs is under police power of city. Restricting outdoor advertising as nonconforming uses was an integral part of a valid overall zoning plan to accomplish its legitimate purposes. Therefore, the restriction is under the police power of the city instead of the eminent domain power. Art Neon Co. v. City & County of Denver, 488 F.2d 118 (10th Cir. 1973) (decided under prior law).

Denial of right to erect new advertising devices does not require compensation. Valid restrictions imposed on the use of property, such as the denial of a right to erect new advertising devices, do not require compensation. State Dept. of Hwys. v. Pigg, 656 P.2d 46 (Colo. App. 1982).

A city may use municipal funds to compensate an owner for the removal of signs prior to the availability of the federal share of such compensation. Ft. Collins v. Root Outdoor Advert., 788 P.2d 149 (Colo. 1990).