H 4711 Session 109 (1991-1992)
H 4711 General Bill, By Phillips, Bailey, Glover, H.M. Hallman, J.R. Shirley,
J.J. Snow, Townsend, S.S. Wofford and D.A. Wright
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
57-25-195 so as to prohibit the removal of lawful signs in view of an
interstate or federal-aid primary highway without paying just compensation;
and to amend Section 57-25-140, relating to outdoor advertising signs
permitted along interstate or federal-aid primary highways, so as to provide
requirements for signs located on either side of a federal-aid primary route
within five hundred feet of an interchange.
04/09/92 House Introduced and read first time HJ-68
04/09/92 House Referred to Committee on Ways and Means HJ-68
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976,
BY ADDING SECTION 57-25-195 SO AS TO PROHIBIT THE
REMOVAL OF LAWFUL SIGNS IN VIEW OF AN INTERSTATE OR
FEDERAL-AID PRIMARY HIGHWAY WITHOUT PAYING JUST
COMPENSATION; AND TO AMEND SECTION 57-25-140,
RELATING TO OUTDOOR ADVERTISING SIGNS PERMITTED
ALONG INTERSTATE OR FEDERAL-AID PRIMARY HIGHWAYS,
SO AS TO PROVIDE REQUIREMENTS FOR SIGNS LOCATED ON
EITHER SIDE OF A FEDERAL-AID PRIMARY ROUTE WITHIN
FIVE HUNDRED FEET OF AN INTERCHANGE.
Whereas, Section 57-25-195 of the 1976 Code was omitted inadvertently
from Act 519 of 1990, relating to outdoor advertising; and
Whereas, it was the intention of that legislation to include Section
57-25-195; and
Whereas, Title 23, U.S.C., Section 131(g) requires that just
compensation be paid for the removal of lawful signs within view of
interstate and federal-aid primary highways; and
Whereas, a violation of Title 23, U.S.C., Section 131(g) also is a
violation of the contract which exists between the federal highway
administration and South Carolina and results in a penalty of ten percent
of the state's federal apportionment for the maintenance and construction
of highways. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 57-25-195. The State, a county, a municipality, a
local zoning authority, or other political subdivision may not remove or
cause to be removed a sign located in view of an interstate or federal-aid
primary highway and lawfully erected under the laws of South Carolina
without paying just compensation."
SECTION 2. Section 57-25-140(E) of the 1976 Code is amended to
read:
"(E) No sign structure permitted under items (7) and (8)
of subsection (A)(7) and (8) on the interstate system or on
a federal-aid primary route, constructed to controlled access standards,
may be erected within five hundred feet of another sign structure on the
same side of the highway. No sign may be located on the interstate
system or controlled access federal-aid primary route adjacent to or
within five hundred feet of an interchange, an intersection at grade,
a weigh station, or a rest area measured along the interstate or
controlled access primary highways from the nearest point of the
beginning or ending of pavement widening at the exit from or entrance
to the main-traveled way. No sign may be located on either side of
a federal-aid primary route within five hundred feet of an interchange
consisting of the exit from or entrance to an interstate or controlled
access primary highway, measured along the federal-aid primary route
from the nearest point of the beginning or ending of pavement widening
at the exit from or entrance to the federal-aid primary route. The
distance from an interchange or a rest area set forth in this subsection
does not apply to sites adjacent to highways that are within the
boundaries of an incorporated municipality. No sign structure permitted
under items (7) and (8) of subsection (A)(7 and (8) on
a noncontrolled access federal-aid primary route outside of an
incorporated municipality may be erected within three hundred feet of
another sign structure on the same side of the highway. No sign structure
located adjacent to a noncontrolled access federal-aid primary route may
be erected within a distance of one hundred feet of another sign structure
inside an incorporated municipality on the same side of the highway.
This subsection does not apply to advertising displays which are
separated by a building or other obstruction so that only one display
located within the minimum spacing distance is visible from any point
on the highway at any one time."
SECTION 3. This act takes effect upon approval by the Governor.
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