§ 113A-167. Existing billboards. - North Carolina Statutes

§ 113A‑167. Existing billboards.

Any billboard in existence upon May 26, 1975, and which does notconform to the requirements of this Article may be maintained for the life ofsuch advertisement or advertising structure, provided that: The Department of Environmentand Natural Resources is authorized to acquire by purchase, gift orcondemnation all outdoor advertising and all property rights pertaining theretoexisting on May 26, 1975, which are nonconforming.

(1)        In any acquisition, purchase or condemnation, justcompensation to the owner of the outdoor advertising where the owner of theoutdoor advertising does not own the fee shall be limited to the fair marketvalue at the time of the taking of the outdoor advertising owner's interest inthe real property on which the outdoor advertising is located and such valueshall include the value of the outdoor advertising.

(2)        In any acquisition, purchase or condemnation, justcompensation to the owner of the fee or other interest in the real propertyupon which the outdoor advertising is located where said owner does not own theoutdoor advertising located thereon shall be limited to the difference in thefair market value of the entire tract immediately before and immediately afterthe taking by the Commission of the right to erect and maintain such outdooradvertising thereon, and in arriving at the fair market value after the taking,any special or general benefits accruing to the property by reason of theacquisition shall be taken into consideration.

(3)        In any acquisition, purchase or condemnation, justcompensation to the owner of the fee in the real property upon which theoutdoor advertising is located where said owner also owns the outdooradvertising located thereon shall be limited to the fair market value of theoutdoor advertising plus the difference in the fair market value of the entiretract immediately before and immediately after the taking by the Department ofEnvironment and Natural Resources of the right to erect and maintain suchoutdoor advertising thereon and in arriving at the fair market value after thetaking, any special or general benefits accruing to the property by reason ofthe acquisition shall be taken into consideration. (1975, c. 385; 1977, c. 771, s. 4; 1989, c. 727, s.218(70); 1997‑443, s. 11A.119(a).)