Anchor: #i1023863

Section 4: Acquisition of Advertising Sign Interests by Eminent Domain (for State)

Anchor: #i1023875

Procedure

If the owner of a sign conveyed the sign structure and leasehold interest ( ROW-N-30-OAS_StructureLeasehold, Quitclaim Deed - OAS Structure and Leasehold or ROW-N-30-OAS_StructureLeaseholdBisection, Quitclaim Deed - OAS Structure and Leasehold - Bisection), the fee owner's interest may be acquired by negotiation or through condemnation without the joinder of the sign owner.

If the sign owner conveyed the sign structure only ( ROW-N-30-OAS_StructureOnly, Quitclaim Deed - OAS Structure Only or ROW-N-30-OAS_StructureOnlyBisection, Quitclaim Deed - OAS Structure Only - Bisection), the acquisition of the fee owner's interest must be through condemnation with the joinder of the sign site lessee or easement holder, regardless of the fee owner's willingness to convey its interest by deed. This is based on the “unit fee rule”, given that the sign site lessee or easement holder may have a claim to a portion of the unit fee land value, and the state has no legal obligation to negotiate the separate interests in the land.

Notices in ED proceedings and payments are made in accordance with the established procures for other property interests acquired through condemnation.

VALUATION NOTE: In the event that an off-premise advertising sign structure is acquired by the state prior to the valuation date of the land on which it is located (whether the sign is owned by the fee owner or by a sign site lessee or easement holder), any resulting changes in highest and best use or value of the land should be ignored, because they are a result of project influence. For example, to the extent the sign site contributes to the value of the land, the state's acquisition of the sign for the same project cannot be the sole basis of any change in highest and best use or value of the land.

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