2009 Iowa Code
Title 8 - Transportation
Subtitle 1 - Highways and Waterways
CHAPTER 306C - JUNKYARD BEAUTIFICATION AND BILLBOARD CONTROL
306C.24 - COMPENSATION FOR SIGN REMOVAL.

        306C.24  COMPENSATION FOR SIGN REMOVAL.
         1.  Definition.  As used in this section, "off-premises
      advertising device" means an advertising device which does not
      qualify as an "on-premises sign" under rules adopted by the
      department pursuant to chapter 17A.
         2.  Just compensation required.  Political subdivisions of
      this state shall not remove, take, alter, or cause to be removed,
      taken, or altered a lawfully erected off-premises advertising device
      without paying just compensation in cash to the owner of the
      advertising device and to the owner of the real property on which the
      advertising device is located, as provided in section 306C.16.  The
      department shall not remove, take, alter or cause to be removed,
      taken, or altered a lawfully erected off-premises advertising device
      subject to control under chapter 306B or this chapter without paying
      just compensation when required under 23 U.S.C. § 131(g) to the owner
      of the advertising device and to the owner of the real property on
      which the advertising device is located, as provided in section
      306C.16.  For the department, the sole intent of this section is to
      comply with 23 U.S.C. § 131(g) and it is not the intent of this
      section to, in any manner, relinquish any powers of the department
      relating to the control and removal of advertising devices under
      police power.
         3.  Exceptions.  This section does not apply to the removal,
      taking, or altering of an off-premises advertising device under any
      of the following conditions:
         a.  The device is unlawfully erected or is being maintained in
      violation of the provisions of section 306C.13, subsection 8, or
      section 306C.18.
         b.  The device has been abandoned or not used for a period of
      at least six months.
         4.  Department authorization.  If required by 23 U.S.C. §
      131(g), the department may acquire through purchase or condemnation
      and shall pay just compensation as provided in section 306C.16 for
      off-premises advertising devices removed after July 1, 1989, through
      amortization by an ordinance of a political subdivision enacted prior
      to July 1, 1989.  Notwithstanding the requirements of section
      306C.14, the department may first pay just compensation from the
      highway beautification fund and then claim reimbursement for the
      federal share of the payment from the federal government.
         5.  Savings clause.  If any provision of this section which
      relates to the department is inconsistent or conflicts with, or is
      not required by, 23 U.S.C. § 131 to avoid the loss of federal funds,
      the provision shall be suspended but only to the extent necessary to
      eliminate the inconsistency, conflict, or requirement.  If any part
      of this section is found to be invalid or unconstitutional, such
      judgment shall not affect the validity of the section as a whole or
      any provision or part of the section not found to be invalid or
      unconstitutional.  

         89 Acts, ch 317, §25; 2006 Acts, ch 1010, §83
         Referred to in § 306C.16