Delaware Code Title 17 Sec. 1122 – Removal of nonconforming advertising; fair compensation
(a) Just compensation shall be paid upon the removal of the following outdoor advertising signs, displays and devices:
(1) Those lawfully in existence on July 14, 1969;
(2) Those lawfully on any highway made a part of the interstate or federal-aid primary system on or after July 14, 1969; and
(3) Those lawfully erected on or after July 14, 1969.
Terms Used In Delaware Code Title 17 Sec. 1122
- Department: means the Department of Transportation. See Delaware Code Title 17 Sec. 1102
- Erect: means to construct, build, raise, assemble, place, affix, attach, create, paint, draw or in any way bring into being or establish, but it shall not include any of the foregoing activities when performed as an incident to the change of advertising message or customary maintenance of a sign or sign structure. See Delaware Code Title 17 Sec. 1102
- highway: include any public way or road or portion thereof and any sewer, drain or drainage system connected therewith and any bridge, culvert, viaduct or other construction or artificial way used in connection therewith and anything which is accessory to any of the same or to the use thereof. See Delaware Code Title 17 Sec. 101
- Maintain: means to allow to exist in accordance with state law. See Delaware Code Title 17 Sec. 1102
- Primary system: means that portion of connected main highways of this State officially designated as such, or as may hereafter be designated as such, by the Department and approved by the Secretary of Transportation of the United States, pursuant to Title 23, United States Code, "Highways. See Delaware Code Title 17 Sec. 1102
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
- State highway: includes any road or highway or portion thereof which the Department has constructed or of which the Department has taken or assumed control or jurisdiction. See Delaware Code Title 17 Sec. 101
(b) The Department is authorized to acquire the necessary right in and to property and is directed to pay compensation therefor in the same manner as with other property acquired for state highway purposes with respect to the foregoing outdoor advertising signs, displays and devices. The compensation to be paid shall be for the following:
(1) The taking from the owner of such sign, display or device of all right, title, leasehold and interest in such sign, display and device; and
(2) The taking from the owner of the real property on which such sign, display or device is located, of the right to erect and maintain such signs, displays or devices thereon. Notwithstanding these provisions, no rights in and to property shall be acquired with respect to any outdoor advertising sign, display or device except to the extent that federal funds authorized to be appropriated pursuant to the federal Highway Beautification Act of 1965, as amended, to reimburse the State for 75% of the cost thereof, are in fact appropriated and allocated to the State for that purpose.
17 Del. C. 1953, § ?1122; 57 Del. Laws, c. 276.;