Section 8-23-20-25.6 - Obstruction or removal of outdoor advertising sign; elevation or relocation of outdoor advertising sign; compensation; notice of project(a) As used in this section, "market area" means a point within the same county as the prior location of an outdoor advertising sign.(b) This section applies only to an outdoor advertising sign located along the interstate and primary system, as defined in 23 U.S.C. 131(t) on June 1, 1991, or any other highway where control of outdoor advertising signs is required under 23 U.S.C. 131.(c) If an outdoor advertising sign is no longer visible or becomes obstructed, or must be moved or removed, due to a noise abatement or safety measure, grade changes, construction, directional sign, highway widening, or aesthetic improvement made by any agency of the state along the interstate and primary system or any other highway, the owner or operator of the outdoor advertising sign, to the extent allowed by federal or state law, may:(1) elevate a conforming outdoor advertising sign; or(2) relocate a conforming or nonconforming outdoor advertising sign to a point within the market area, if the new location of the outdoor advertising sign complies with the applicable spacing requirements and is located in land zoned for commercial or industrial purposes or unzoned areas used for commercial or industrial purposes.(d) Except as provided in subsection (j), if within one (1) year of an action being filed under IC 32-24, an owner can demonstrate that the owner has made good faith efforts to relocate a conforming or nonconforming outdoor advertising sign to a conforming location within the market area, but the owner has not obtained a new conforming location, the outdoor advertising sign will be treated as if it cannot be relocated within the market area. Notwithstanding subsection (e) and IC 8-23-20.5, if an outdoor advertising sign cannot be elevated or relocated to a conforming location and elevation within the market area, the removal or relocation of the outdoor advertising sign constitutes a taking of a property interest and the owner must be compensated under section 27 of this chapter.(e) The county or municipality, under IC 36-7-4, may, if necessary, provide for the elevation or relocation by ordinance for a special exception to the zoning ordinance of the county or municipality.(f) The elevated outdoor advertising sign or outdoor advertising sign to be relocated, to the extent allowed by federal or state law, may be modified: (1) to elevate the sign to make the entire advertising content of the sign visible;(2) to an angle to make the entire advertising content of the sign visible; and(3) in size or material type, at the expense of:(A) the owner, if the modification in size or material type of the outdoor advertising sign is by choice of the owner; or(B) the department, if the modification in size or material type of the outdoor advertising sign is required for the outdoor advertising sign to comply with IC 22-13.(g) This section does not exempt an owner or operator of a sign from submitting to the department any application or fee required by law.(h) At least twelve (12) months before the filing of an eminent domain action to acquire an outdoor advertising sign under IC 32-24, the department must provide written notice to the representative of the sign owner identified on the outdoor advertising sign permit that is on file with the Indiana department of transportation that a project has been planned that may impact the outdoor advertising sign.(i) If the agency fails to provide notice required by subsection (h) within twelve (12) months of an action being filed against an owner under IC 32-24, the owner may receive reasonable compensation for losses associated with the failure to receive timely notice. However, failure to send notice required by subsection (h) is not a basis of an objection to a proceeding under IC 32-24-1-8.(j) Notwithstanding subsection (d), if an action that has been filed under IC 32-24 is pending as of July 1, 2023, and: (1) the parties have not entered into a final settlement agreement; or(2) no final judgment has been entered by the trier of fact; the owner may relocate the outdoor advertising sign under this section and IC 8-23-20.5.
Amended by P.L. 201-2023,SEC. 115, eff. 7/1/2023.Amended by P.L. 178-2022,SEC. 10, eff. 7/1/2022.Amended by P.L. 97-2022,SEC. 1, eff. 7/1/2022.Added by P.L. 222-2017,SEC. 2, eff. 7/1/2017.