Ohio § 5516.08

§ 5516.08.

(A) The director of transportation, or a state, county, municipal, or other local zoning

authority, may order the removal of nonconforming advertising devices that are lawfully

maintained pursuant to section 5516.07 of the Revised Code , or under a zoning ordinance or regulation.  Each such removal ordered by the director or zoning authority shall be deemed to

constitute a taking of all right, title, and interest in such advertising device,

including any leasehold interest, of the owner of the advertising device and of the

right of the owner of the real property on which the advertising device is located

to erect and maintain such advertising device thereon.  The director or zoning authority shall pay just compensation for all such interests

in any such taking, in the same manner as other property is acquired pursuant to Chapter

163. of the Revised Code, notwithstanding the right or obligation of the owner of

such advertising device, as against the owner of the real property on which the advertising

device is located, to remove such device at any time.  The director, or a state, county, municipal, or other local zoning authority is

authorized to acquire by gift, purchase, or appropriation, devices ordered removed

under this section. If the director or zoning authority and any such owner of a compensable right or interest

under this section do not reach agreement as to the amount of compensation to be paid

for the taking of such right or interest, the director or zoning authority shall institute

an action to appropriate the interest of such person in accordance with Chapter 163.

of the Revised Code.  In any such action, loss of business shall not be considered an item of compensable

damages. Neither the director nor a state, county, municipal, or other local zoning authority

shall enter upon any property to cause the physical removal of any nonconforming advertising

device, for which an owner is entitled to just compensation, until the owner and the

director or zoning authority have reached agreement as to the compensation to be paid

or until the compensation proposed to be paid by the director or zoning authority

has been deposited pursuant to section 163.06 of the Revised Code . (B) The director shall not order the removal of any advertising device for which federal

reimbursement is contemplated pursuant to 23 U.S.C.A. 131(g) , nor approve any application for reimbursement made under division (C) of this section,

unless and until federal funds for the federal share of compensation therefor have

been appropriated by the federal government and made available to the director for

such purposes.  The director shall provide by rule for the making of reimbursements to state, county,

municipal, and other local zoning authorities for the removal of nonconforming advertising

devices for which federal reimbursement is contemplated. (C) No state, county, municipal, or other local zoning authority shall be reimbursed

by the director for the removal of any nonconforming advertising device as provided

in this section unless the zoning authority, prior to such removal, makes application

for reimbursement to the director and the director approves the application.  The application shall include such information as the director requires by rule.