Oklahoma Senate Bill SB326

Oklahoma 2024 Regular Session

• Introduced: 2/6/23
• Refer: 2/7/23

Caption

Outdoor advertising; updating statutory language. Effective date.

Impact

The bill reinforces the rights of the Department of Transportation to acquire outdoor advertising that is noncompliant with existing regulations. If property and advertising owners do not comply within a specified timeframe after notification, the Department has the authority to remove those devices without additional compensation to the owners. This could lead to greater regulatory enforcement by the state concerning outdoor advertisements and their compliance with state laws.

Summary

Senate Bill 326 aims to update statutory language relating to outdoor advertising and to clarify how the Department of Transportation can manage such advertising. The bill amends existing law to ensure that compensation provided for the acquisition of outdoor advertising devices is based on fair market value. It reiterates that outdoor advertising devices are considered trade fixtures and that owners are entitled to just compensation if their advertising is taken by the state.

Contention

A point of potential contention may arise from the provision allowing the Department to declare certain outdoor advertising as public nuisances if they do not conform to updated statutes. This could be perceived as overreach by some property owners who may feel their rights are being infringed. Additionally, there could be disagreements on what constitutes fair market value for the compensation owed, especially in cases of eminent domain acquisition.