Michigan Laws 252.322 – Removal of signs or sign structures; compensation; condition
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(1) Just compensation shall be paid from the state trunk line fund upon the removal by or in behalf of the department of any sign or sign structure lawfully in existence on March 31, 1972 but which does not comply with the requirements of sections 13(1)(d), 15, 16, and 17 and any sign or sign structure lawfully erected after March 31, 1972 but which thereafter becomes unlawful because of a change in the designation of the highway or in the zoning of the area in which it is located.
(2) Each removal constitutes a taking and appropriation by the state of the following:
Terms Used In Michigan Laws 252.322
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Department: means the state transportation department. See Michigan Laws 252.302
- Erect: means to construct, build, raise, assemble, place, affix, attach, create, paint, draw, or in any other way bring into being or establish. See Michigan Laws 252.302
- Maintain: means to allow to exist and includes the periodic changing of advertising messages, and customary maintenance and repair of signs and sign structures. See Michigan Laws 252.302
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Sign: means any outdoor sign, display, device, figure, painting, drawing, message, placard, poster, billboard, or other thing, whether placed individually or on a T-type, V-type, back to back, or double-faced display, that is designed, intended, or used to advertise or inform. See Michigan Laws 252.302
- Sign structure: means the assembled components that make up an outdoor advertising display, including, but not limited to, uprights, supports, facings, and trim. See Michigan Laws 252.302
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
(a) From the owner of the sign or sign structure, all right, title and interest in and to the sign or sign structure, and the owner’s leasehold related thereto.
(b) From the owner of the real property on which the sign or sign structure is located immediately prior to its removal, the right to erect and maintain signs on that property, other than those described in section 13(1)(a), (b), and (c).
(3) The compensation to be paid pursuant to this section shall be paid to the persons entitled to it upon presentation to the department of such information as the department may reasonably require.
(4) Unless a sign is exempt under section 10, its owner shall secure and shall keep in force a permit under section 6 and 7. Compliance with this subsection is a condition for eligibility for compensation. Compensation shall not be paid for any sign, including a sign described in subsection (1), which is removed by the department because it is abandoned.