Section 31-29-72 - Acquisition of nonconforming signs--Compensation required--Removalnot required unless necessary funds available and compensation paid. - South Dakota Statutes

31-29-72. Acquisition of nonconforming signs--Compensation required--Removal not required unless necessary funds available and compensation paid. The Department of Transportation may acquire by purchase, gift, or condemnation, and shall pay just compensation upon the removal of signs, displays, and devices made nonconforming by the terms of §§ 31-29-61 to 31-29-83, inclusive, which and insofar as their removal is required by such sections, for all signs, displays, and devices lawfully erected and maintained in this state. Any such removal, by whomever effected, is a taking and appropriation by this state subject to just compensation. Just compensation, in all ways equitably computed and including severance damage, shall be paid, for each such taking and appropriation. Despite any contrary provision in §§ 31-29-61 to 31-29-83, inclusive, or otherwise in law, no outdoor advertising may be required to be removed unless at the time of removal there are sufficient funds, from whatever source, appropriated and immediately available to the state with which to pay the just compensation required under this section, and unless at such time the federal funds required to be contributed to this state under 23 U.S.C. § 131 have also been appropriated and are immediately available to this state. No such sign, display, or device may be removed until just compensation has been fully paid.

Source: SL 1977, ch 246, § 10; SL 1985, ch 236, § 1.