South Carolina General Assembly
113th Session, 1999-2000

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Bill 3831


Indicates Matter Stricken
Indicates New Matter


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

Indicates Matter Stricken

Indicates New Matter

COMMITTEE REPORT

April 18, 2000

H. 3831

Introduced by Rep. Townsend

S. Printed 4/18/00--H. [SEC 4/19/00 8:16 PM]

Read the first time April 6, 1999.

            

THE COMMITTEE ON EDUCATION AND PUBLIC WORKS

To whom was referred a Bill (H. 3831), to amend Section 57-25-190, as amended, Code of Laws of South Carolina, 1976, relating to compensation for the removal of outdoor advertising signs, etc., respectfully

REPORT:

That they have duly and carefully considered the same, and recommend that the same do pass with amendment:

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/ SECTION 1. Section 57-25-190 of the 1976 Code, as last amended by act 181 of 1993, is further amended by adding at the end:

"(E) Notwithstanding a county or municipal zoning plan, ordinance, or resolution, outdoor advertising signs conforming to Section 57-25-110, et seq., affected by state highway projects may be relocated pursuant to the federal uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (42 U.S.C. 4601, et seq.) to a position which is perpendicular to the right of way of the original sign site, or may be altered so that no portion of the sign overhangs the right of way."

SECTION 2. This act takes effect upon approval by the Governor. /

Renumber sections to conform.

Amend title to conform.

RONALD P. TOWNSEND, for Committee.

STATEMENT OF ESTIMATED FISCAL IMPACT

ESTIMATED FISCAL IMPACT ON GENERAL FUND EXPENDITURES:

$0 (No additional expenditures or savings are expected)

ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER FUND EXPENDITURES IS:

A Savings to Federal and/or Other Funds (See Below)

EXPLANATION OF IMPACT:

The Department of Transportation indicates there would be cost savings of $50,000 in highway funds upon implementation of this legislation. The savings would result from decreased litigation and appraisal costs associated with the outdoor advertising signs impacted by the highway projects.

Approved By:

Don Addy

Office of State Budget

A BILL

TO AMEND SECTION 57-25-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPENSATION FOR THE REMOVAL OF OUTDOOR ADVERTISING SIGNS, SO AS TO PROVIDE THAT COMPENSATION FOR THIS PURPOSE IS CONSIDERED TO BE FAIR MARKET VALUE OF THE PARTICULAR INTEREST OF EACH PARTY HAVING AN INTEREST IN THE LOCATION OF THE SIGN WHICH SHALL BE DETERMINED THROUGH APPRAISAL METHODS USED TO DETERMINE JUST COMPENSATION UNDER THE EMINENT DOMAIN PROCEDURE ACT, TO FURTHER PROVIDE FOR THE MANNER IN WHICH COMPENSATION MUST BE PAID PRIOR TO THE REMOVAL OF SUCH SIGNS, AND TO PROVIDE THAT NO POLITICAL SUBDIVISION OF THIS STATE MAY REQUIRE THE REMOVAL OF AN EXISTING SIGN FOR REASONS OTHER THAN TRAFFIC SAFETY OR PROXIMITY TO SPECIFIED LOCATIONS; AND TO ADD SECTION 57-25-191 SO AS TO PROVIDE FOR ADDITIONAL PROCEDURAL REQUIREMENTS IN REGARD TO THE ENACTING OF ZONING PLANS OR ORDINANCES BY A POLITICAL SUBDIVISION RELATING TO OUTDOOR ADVERTISING SIGNS.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Section 57-25-190 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 57-25-190. (A) The Department of Transportation may acquire by purchase, gift, or condemnation and shall pay just compensation upon the removal of the following outdoor advertising signs:

(1) those lawfully in existence on November 3, 1971;

(2) those lawfully erected after November 2, 1971.

(B)Compensation may be paid only for the taking from the owner of:

(1) a sign of all right, title, leasehold, and interest in it;

(2) the real property on which the sign is located of the right to erect and maintain a sign on it.

(1) 'Just compensation' for purposes of compensating a landowner of the real estate on which the sign is located must be determined by the sum of:

(a) the reduction in the fair market value of that land due to the taking of the landowner's right to erect and maintain a sign;

(b) the fair market value of the particular sign if the landowner is the owner of the sign; and

(c) any damage to the landowner's property occasioned by the removal of the sign.

(2) 'Just compensation' for purposes of compensating an entity who leases the sign location from the landowner must be determined by the sum of:

(a) the fair market value of the particular sign if the tenant is the owner of the sign; and

(b) any loss in the fair market value of the entity's leasehold interest caused by the removal of the sign.

(3) 'Just compensation' for any interest taken under (1) or (2) this subsection must be separately determined by any appropriate appraisal method permitted under the Eminent Domain Procedures Act; and the just compensation must be separately paid to each party affected under (1) and (2) of this subsection.

(C) No sign may be removed until the owner owners of the property on which it is located has interests taken as defined in this subsection have been compensated fully for a loss which may be suffered by him as a result of the removal of the sign through the termination of a lease or other financial arrangement with the owner of the sign. The Department of Transportation is limited to an expenditure of five million dollars for the state's part of such just compensation.

(D) Tourist oriented directional signs must be the last to be removed under the terms of this article.

(E) Notwithstanding any other provision of law or this chapter, no political subdivision of this State may require the removal of a sign within its jurisdiction in existence on the effective date of this subsection for any reason other than as permitted by Section 57-25-140(D)."

SECTION 2. The 1976 Code is amended by adding:

"Section 57-25-191. If a political subdivision enacts a zoning plan or other type of ordinance as permitted by this chapter relating to the size, lighting, spacing, or similar requirements in regard to signs which are subject to its jurisdiction, the zoning plan or ordinance must provide for a public notice and comment period, notice to each sign owner or leaseholder, and a period of at least one hundred twenty days must elapse between the date of the public hearing and third reading of the zoning plan or ordinance."

SECTION 3. This act takes effect upon approval by the Governor.

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