(1) Where the Department of Transportation elects to remove and pay for a sign visible from secondary highways pursuant to ORS § 377.765 (4), upon removal, the department shall pay just compensation.

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

(2) For the purposes of ORS § 377.700 to 377.844, the department may acquire by purchase, agreement, donation or exercise of the power of eminent domain land or an interest in land or a sign. The department shall pay just compensation for:

(a) The taking from the owner of such lawfully located sign all right, title, leasehold and interest in such sign; and

(b) The taking from the owner of the real property on which the sign is located the right to place such sign thereon.

(3) When the department is required under ORS § 377.700 to 377.844 to make payment therefor to remove a sign, the payment shall be for the value of the items specified by subsection (2) of this section, as determined by the department. In determining value, the department shall use the accepted appraisal method customarily used in such cases or the method prescribed by federal regulations, if any, applicable to such appraisals or payments, whichever results in the lowest valuation. However, in any case, the department shall so appraise such signs or rights taken by whatever method may be required to avoid imposition of a reduction in the amount of federal highway funds the state otherwise would be eligible to receive. [1971 c.770 § 16; 1973 c.790 § 14; 1975 c.336 § 12; 2007 c.199 § 19; 2009 c.463 § 10]

[1971 c.770 § 5; 1973 c.790 § 15; 1983 c.324 § 36; 1985 c.104 § 4; renumbered 285.163 in 1991]