SB820: Billboards; establishes conditions under which certain signs may be adjusted or relocated, etc.


SENATE BILL NO. 820
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the Senate Committee on Transportation
on January 23, 2013)
(Patron Prior to Substitute--Senator Puckett)
A BILL to amend the Code of Virginia by adding a section numbered 33.1-95.2, relating to adjustment or relocation of certain billboard signs.

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 33.1-95.2 as follows:

§ 33.1-95.2. Adjustment or relocation of certain billboard signs.

A. Notwithstanding any other provision of law, general or special, whenever land is acquired due to the widening, construction, or reconstruction of any highway as defined in § 33.1-351 by purchase or by use of the power of eminent domain and upon such land is situated a lawfully erected billboard sign as defined in § 33.1-351, such billboard sign may be relocated as provided in this section.

B. If a billboard sign meets all requirements under the provision of this title and § 4.1-113.1 in the case of outdoor alcoholic beverage advertising, but is considered nonconforming solely due to a local ordinance, the owner of the billboard sign, at his sole cost and expense, shall have the option to relocate such billboard sign to another location as close as practicable on the same property, adjusting the height or angle of the billboard sign to a height or angle that restores the visibility of the billboard sign to the same or comparable visibility as before the taking, provided the new location also meets all the requirements of this title and regulations adopted pursuant thereto.

C. Nothing in this section shall authorize the owner of such billboard sign to increase the size of the sign face, and a relocated billboard sign shall continue to be nonconforming in its new location unless the relocated billboard sign becomes conforming in its new location under the local ordinance. The provisions of § 33.1-370.2 shall apply to any relocation.

SENATE BILL NO. 820

Offered January 9, 2013
Prefiled December 27, 2012
A BILL to amend the Code of Virginia by adding a section numbered 33.1-95.2, relating to adjustment or relocation of certain billboard signs.
Patron-- Puckett

Referred to Committee on Transportation

Be it enacted by the General Assembly of Virginia:

1.  That the Code of Virginia is amended by adding a section numbered 33.1-95.2 as follows:

33.1-95.2. Adjustment or relocation of certain billboard signs.

A. Notwithstanding any other provision of law, general or special, whenever land is acquired due to the widening, construction, or reconstruction of any highway as defined in 33.1-351 by purchase or by use of the power of eminent domain and upon such land is situated a lawfully erected billboard sign as defined in 33.1-351, such billboard sign may be relocated as provided in this section.

B. If a billboard sign meets all requirements under the provision of this title, but is considered nonconforming due to a local ordinance, the owner of the billboard sign, at his sole cost and expense, shall have the option to relocate such billboard sign to another location as close as practicable on the same property, adjusting the height or angle of the billboard sign to a height or angle that restores the visibility of the billboard sign to the same or comparable visibility as before the taking, provided the new location also meets all the requirements of this title.

C. Nothing in this section shall authorize the owner of such billboard sign to increase the size of the sign face, and the provisions of 33.1-370.2 shall apply to any relocation.

D. If the local government refuses to permit the relocation of such billboard sign, the local government shall be responsible for payment of just compensation to the landowner and the billboard owner, including but not limited to lost profits pursuant to 25.1-230.1.