TITLE 40

HIGHWAYS AND BRIDGES

CHAPTER 5

IDAHO TRANSPORTATION DEPARTMENT

40-506.  Compensation for taking certain property. (1) The department is authorized to acquire by purchase, gift or condemnation, all advertising displays and any property rights pertaining to them, when those advertising displays are required to be removed under the provisions of chapter 19, title 40, Idaho Code.

(2)  In any appropriation for this purpose the department shall pay compensation under existing eminent domain law only for the following:

(a)  The taking from the owner of a sign, display, or device of all right, title, leasehold, and interest in the sign, display or device; and

(b)  The taking from the owner of the real property on which the sign, display, or device is located, of the right to erect and maintain signs, displays and devices on that property. Where setback easements restricting the erection of structures or advertising displays have been recorded by the state on land where those structures have been erected, the landowner of the land shall be deemed to have been fully compensated for them.

(3)  In any action at law instituted by the department under this section the state shall not be required, as a prerequisite, to the taking of or appropriation to comply with section 7-704 2. or section 7-707 7., Idaho Code.

History:

[40-506, added 1985, ch. 253, sec. 2, p. 614; am. 1997, ch. 156, sec. 2, p. 452; am. 2006, ch. 450, sec. 2, p. 1340.]