Indiana § 8-23-20-27 - Taking of outdoor advertising sign; compensation

§ 8-23-20-27. Taking of outdoor advertising sign; compensation

Sec. 27. (a) This section applies to a taking of an outdoor advertising sign through:

(1) the power of eminent domain under IC 32-24; or

(2) a change that prohibits a conforming outdoor advertising sign from being elevated or relocated under section 25.6 of this chapter.

(b) As used in this section, "condemnor" means:

(1) any person authorized by Indiana law to exercise the power of eminent domain; and

(2) an agency of the state that must provide compensation to the owner of a conforming outdoor advertising sign under section 25.6 of this chapter.

(c) As used in this section, "outdoor advertising sign" means a sign that is located along the interstate and primary system, as defined in 23 U.S.C. 131(t) on June 1, 1991, or any other highway where control of outdoor advertising signs is required under 23 U.S.C. 131.

(d) A condemnor that acquires an outdoor advertising sign and its associated rights under this section shall pay full and just compensation to the owner of the outdoor advertising sign in an amount equal to the fair market value of the interests associated with the outdoor advertising sign, including, but not limited to, leasehold interests and access rights.

(e) An appraiser shall calculate the fair market value by considering all valuation approaches based upon the standards governing recognized valuation approaches to fair market value.

As added by P.L.97-2022, SEC.3.

IC 8-23-20.5Chapter 20.5. Relocation of Conforming Billboards

8-23-20.5-1Applicability of chapter 8-23-20.5-2"Market area" 8-23-20.5-3Special exception or variance; compensation by county or municipality; eminent domain action 8-23-20.5-4Outdoor advertising signs incapable of relocation; appraisal 8-23-20.5-5Removal of outdoor advertising sign 8-23-20.5-6Rules

IC 8-23-20.5-1Applicability of chapter Sec. 1. This chapter applies to an outdoor advertising sign that is eligible to be relocated as a conforming sign under IC 8-23-20-25.6(c) and IC 8-23-20-25.7.

As added by P.L.97-2022, SEC.4.

IC 8-23-20.5-2"Market area" Sec. 2. As used in this chapter, "market area" has the meaning set forth in IC 8-23-20-25.6(a).

As added by P.L.97-2022, SEC.4.

IC 8-23-20.5-3Special exception or variance; compensation by county or municipality; eminent domain action Sec. 3. (a) If a county or municipality either:

(1) subject to IC 8-23-20-10, does not amend its zoning ordinance as necessary to provide for a special exception to the zoning ordinance for the relocation of an outdoor advertising sign; or

(2) does not approve a variance to the zoning ordinance filed by the outdoor advertising sign's owner that conforms to the filing requirements;

the county or municipality that did not approve the relocation of the outdoor advertising sign within the market area is responsible for the payment of full and just compensation for the outdoor advertising sign under IC 8-23-20-27, including any costs and fees associated with a variance application, if applicable, to the outdoor advertising sign's owner.

(b) A county or municipality's consideration of a special exception or variance may not be a basis to delay the appointment of appraisers under IC 32-24-1-9.

(c) If a county or municipality has not approved the relocation of an outdoor advertising sign located within its jurisdiction before the date an action under IC 32-24 is filed, the county or municipality must be named as a party to the action.

As added by P.L.97-2022, SEC.4. Amended by P.L.201-2023, SEC.116.

IC 8-23-20.5-4Outdoor advertising signs incapable of relocation; appraisal Sec. 4. (a) If an outdoor advertising sign cannot be relocated within the market area, a court presiding over an action under IC 32-24 shall order, subject to IC 32-24-1-9:

(1) if an appraisal has not already been submitted to the court, an appraisal; or

(2) if an appraisal has already been submitted to the court, a new appraisal;

with instructions to the appraisers that the outdoor advertising sign is not capable of relocation and must be appraised using the method described in IC 8-23-20-27.

(b) If a new appraisal is ordered under subsection (a), the new appraisal may not affect any possession rights obtained under IC 32-24-1-10.

(c) If a new appraisal is ordered under subsection (a), any party to the action may file exceptions to the new appraisal with the court not later than forty-five (45) days after the appraisal report is mailed.

As added by P.L.97-2022, SEC.4.

IC 8-23-20.5-5Removal of outdoor advertising sign Sec. 5. The following apply to the removal of an outdoor advertising sign:

(1) The removal of an outdoor advertising sign by the outdoor advertising sign's owner to allow for construction may not be considered a waiver of the owner's rights under this chapter.

(2) An outdoor advertising sign must be removed by the owner once the amount of damages assessed in the appraisal is deposited with the court pursuant to IC 32-24-1-10.

(3) If the outdoor advertising sign is removed by the owner, the owner is responsible for the cost of the removal, subject to assistance provided under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601-4655).

(4) If an outdoor advertising sign is removed by the condemnor, the condemnor is responsible for the cost of the removal.

As added by P.L.97-2022, SEC.4.

IC 8-23-20.5-6Rules Sec. 6. The department may adopt rules under IC 4-22-2 to implement this chapter.

As added by P.L.97-2022, SEC.4. Amended by P.L.93-2024, SEC.90.

IC 8-23-21Chapter 21. Maintenance of County Roads Used as State Highway Detours

8-23-21-0.3"Official detour route" defined 8-23-21-0.5"Unofficial detour route" defined 8-23-21-1Maintenance requirement 8-23-21-2Maintenance of unofficial detour route 8-23-21-4Designation of official detour route