House Bill 1318

Chairman: Vance Smith

Committee: Transportation

House Sponsor: Matt Dollar

HB 1318 adds a new code section related to relocation and reconstruction agreements between sign owners and DOT or local government.

Sign owners and state/local government are specifically empowered to enter into these agreements on whenever terms are agreeable to the parties. DOT or local governments cannot alter, remove or cause the alteration or removal of a lawfully placed sign without first paying just compensation. In the undertaking of a public project or goal that requires the alteration or removal of a sign, written notification must be issued to the owner and within 30 days of receipt, the owner and state/local government must attempt to meet and negotiate a relocation and reconstruction agreement.

If the parties fail to enter into an agreement within 120 days of the initial notice, either party may request mandatory nonbinding arbitration. If the parties do not enter into a relocation and reconstruction agreement, the state/local government may proceed with the project and the alteration/removal of the sign only after first paying just compensation as determined by agreement of the parties or through eminent domain proceedings.

Conditioning the issuance or continued effectiveness of a development permit on the removal of a lawful sign is considered a compelled removal which is prohibited without prior payment of just compensation. Paragraphs (g) through (m) detail specific circumstances where these provisions will or will not apply.

This bill comes to the House Floor under the Open Rule.

Chairman Smith’s opinion of this legislation:

This legislation works to protect private property owners from government “taking” without just compensation. Local governments have been using zoning and building permits as a means to force owners to remove lawful billboards from their property.