2006 Utah Code - 10-9a-513 — Municipality\'s acquisition of billboard by eminent domain -- Removal without providing compensation -- Limit on allowing nonconforming billboards to be rebuilt.

     10-9a-513.   Municipality's acquisition of billboard by eminent domain -- Removal without providing compensation -- Limit on allowing nonconforming billboards to be rebuilt.
     (1) (a) A municipality is considered to have initiated the acquisition of a billboard structure by eminent domain if the municipality prevents a billboard owner from:
     (i) rebuilding, maintaining, repairing, or restoring a billboard structure that is damaged by casualty, an act of God, or vandalism; or
     (ii) except as provided in Subsection (1)(b), relocating or rebuilding a billboard structure, or taking other measures, to correct a mistake in the placement or erection of a billboard for which the municipality has issued a permit, if the proposed relocation, rebuilding, or other measure is consistent with the intent of that permit.
     (b) A municipality's denial of a billboard owner's request to relocate or rebuild a billboard structure, or to take other measures, in order to correct a mistake in the placement or erection of a billboard does not constitute the initiation of acquisition by eminent domain under Subsection (1)(a) if the mistake in placement or erection of the billboard is determined by clear and convincing evidence to have resulted from an intentionally false or misleading statement:
     (i) by the billboard applicant in the application; and
     (ii) regarding the placement or erection of the billboard.
     (2) Notwithstanding Subsection (1) and Section 10-9a-512, a municipality may remove a billboard without providing compensation if:
     (a) the municipality determines:
     (i) by clear and convincing evidence that the applicant for a permit intentionally made a false or misleading statement in the applicant's application regarding the placement or erection of the billboard; or
     (ii) by substantial evidence that the billboard:
     (A) is structurally unsafe;
     (B) is in an unreasonable state of repair; or
     (C) has been abandoned for at least 12 months;
     (b) the municipality notifies the owner in writing that the owner's billboard meets one or more of the conditions listed in Subsections (2)(a)(i) and (ii);
     (c) the owner fails to remedy the condition or conditions within:
     (i) except as provided in Subsection (2)(c)(ii), 90 days following the billboard owner's receipt of written notice under Subsection (2)(b); or
     (ii) if the condition forming the basis of the municipality's intention to remove the billboard is that it is structurally unsafe, ten business days, or a longer period if necessary because of a natural disaster, following the billboard owner's receipt of written notice under Subsection (2)(b); and
     (d) following the expiration of the applicable period under Subsection (2)(c) and after providing the owner with reasonable notice of proceedings and an opportunity for a hearing, the municipality finds:
     (i) by clear and convincing evidence, that the applicant for a permit intentionally made a false or misleading statement in the application regarding the placement or erection of the billboard; or
     (ii) by substantial evidence that the billboard is structurally unsafe, is in an unreasonable state of repair, or has been abandoned for at least 12 months.

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     (3) A municipality may not allow a nonconforming billboard to be rebuilt or replaced by anyone other than its owner or the owner acting through its contractors.
     (4) A permit issued, extended, or renewed by a municipality for a billboard remains valid for a period of 180 days after a required state permit is issued for the billboard if:
     (a) the billboard requires a state permit; and
     (b) an application for the state permit is filed within 30 days after the municipality issues, extends, or renews a permit for the billboard.

Enacted by Chapter 254, 2005 General Session