| 4 | 3 | | |
|---|
| 5 | 4 | | SENATE BILL 735 |
|---|
| 6 | 5 | | By Pody |
|---|
| 7 | 6 | | |
|---|
| 8 | 7 | | |
|---|
| 9 | 8 | | SB0735 |
|---|
| 10 | 9 | | 002569 |
|---|
| 11 | 10 | | - 1 - |
|---|
| 12 | 11 | | |
|---|
| 13 | 12 | | AN ACT to amend Tennessee Code Annotated, Title 29, |
|---|
| 14 | 13 | | Chapter 16 and Section 54-21-107, relative to just |
|---|
| 15 | 14 | | compensation for removal or acquisition of outdoor |
|---|
| 16 | 15 | | advertising devices. |
|---|
| 17 | 16 | | |
|---|
| 18 | 17 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: |
|---|
| 19 | 18 | | SECTION 1. Tennessee Code Annotated, Section 54-21-107, is amended by adding |
|---|
| 20 | 19 | | the following as new subsections (b) and (c) and redesignating existing subsections (b) and (c) |
|---|
| 21 | 20 | | and subsequent subsections accordingly: |
|---|
| 22 | 21 | | (b) The commissioner is authorized to acquire by purchase, gift, or |
|---|
| 23 | 22 | | condemnation all outdoor advertising devices and any property rights pertaining to such |
|---|
| 24 | 23 | | devices when such devices are required to be removed under § 54-21-105. Just |
|---|
| 25 | 24 | | compensation must be paid for the acquisition or for the removal of any outdoor |
|---|
| 26 | 25 | | advertising device lawfully erected as provided in 23 U.S.C. § 131 that is required to be |
|---|
| 27 | 26 | | removed for any reason, including under § 54-21-105. Notwithstanding another law to |
|---|
| 28 | 27 | | the contrary, a lawfully erected outdoor advertising device adversely affected by |
|---|
| 29 | 28 | | condemnation is entitled to just compensation in the same manner as a structure or |
|---|
| 30 | 29 | | improvement under § 29-16-203. The use of amortization for whatever period does not |
|---|
| 31 | 30 | | constitute just compensation. |
|---|
| 32 | 31 | | (c) Notwithstanding this section or another law to the contrary, if a political |
|---|
| 33 | 32 | | subdivision or other governmental agency requires the removal of an outdoor advertising |
|---|
| 34 | 33 | | device lawfully erected without an option to relocate the outdoor advertising device to a |
|---|
| 35 | 34 | | similarly situated location, then just compensation must be paid to the owner of the |
|---|
| 36 | 35 | | outdoor advertising device for the cost of removal plus the fair market value of the |
|---|
| 37 | 36 | | |
|---|
| 38 | 37 | | |
|---|
| 39 | 38 | | - 2 - 002569 |
|---|
| 40 | 39 | | |
|---|
| 41 | 40 | | outdoor advertising device removed. The use of amortization for any period does not |
|---|
| 42 | 41 | | constitute just compensation under this subsection (c). |
|---|
| 43 | 42 | | SECTION 2. Tennessee Code Annotated, Section 54-21-107, is amended by deleting |
|---|
| 44 | 43 | | the language "subdivisions (b)(1)(A) and (B)" wherever it appears and substituting instead |
|---|
| 45 | 44 | | "subdivisions (d)(1)(A) and (B)". |
|---|
| 46 | 45 | | SECTION 3. If any provision of this act or its application to any person or circumstance |
|---|
| 47 | 46 | | is held invalid, then the invalidity does not affect other provisions or applications of the act that |
|---|
| 48 | 47 | | can be given effect without the invalid provision or application, and to that end, the provisions of |
|---|
| 49 | 48 | | this act are severable. |
|---|
| 50 | 49 | | SECTION 4. This act takes effect upon becoming a law, the public welfare requiring it. |
|---|