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§ 173.17 HIGHWAYS; ROADS ADVERTISING DEVICES § 173.171
<br /> Notes of Decisions
<br /> chapter or any other statute, ordinance, or regulation of any political
<br /> In general I slilulionally arbitrary and unreasonable and
<br /> subdivision of the state or local Zoning authority: Nonconforming signs 2 constituted a taking of property without
<br /> The Minnesota department of transportation with the assistance and just cnmpenanlion; such a full evidentiary
<br /> cooperation of the department of energy and economic development shall hearing was necessary r develop requisite
<br /> p I. In general facts as a basis for Supreme(:noel's decid-
<br /> make recommendations to the standing committees on transportation of State may acquire nonconforming out- ing the constitutional Issue. hlicker v.
<br /> both houses of the legislature by February 1, 1982 for a comprehensive door advertising devices through its powers Stale,1972,29:1 Minn. 149,197 N.W.2d 434.
<br /> directional signing program. of eminent domain. State by Spannaus V.
<br /> Hupf, 1!182,:1'23 N.W.2d 746. In suit for declaratory and injunctive re-
<br /> laws 1965,c.818,§ 17. Amended by lawn 1967,Eg.Sess.,c.9,§ 16,eff. May lief brought by advertisers and others who
<br /> Under this section a city and its owning alleged that § 173.17 prior to 1.971 amend-
<br /> :10,1%7: Laws 1!171,c.88:1.§ 11; Laws 1976,c. 166,§ 7; laws 1981,C.294,§ 1, authorities could not remove ro Berl erect-
<br /> eff. May 211, 1!)81: laws 1991,c.3ldi,.§ 248: laws 1983,c.289,§ 11!i,subd. 1, I 1 Y mans and § 1A83, prior ov its repeal u.
<br /> wl nonconforming advertising devices Incnl- laws 1971,r.)W3,§ 'L0,providing far regu-
<br /> eff.July 1, 1!IS:I; laws 1986,c. 444. ed adjacent to inlerstate.or primary high- lation and control of advertising devices
<br /> ways until all rights in the property were along state highways and requiring removal
<br /> Historical Note acquired by purchase• girl or eminent do' of eerLain nonconforming signs, within a
<br /> main, whether or not the device was re- four-vear{w•ri,.l. was unreasonable in tak•
<br /> The 1967 amendatory act rewrote this nation shall be Id for an sign so moved pursuant to chapter 17:1 of the slat
<br /> pe paid y ing property without just compensation,the
<br /> section which formerly read: removed or destroyed,and the commission- utes or any other slalute ordinance or regu- question of whether due process of law is
<br /> er may collect the cost of removal or de- lation. Op.Atty.Gen., 477-11-'L, Nov. 15, otherwise available to prevent the taking of
<br /> "Any advertising device lawfully erected 198:{,
<br /> before May 26,1965 and not conforming to sninin an from the{meson evicting or main- property without just compensation was
<br /> L•lining aucln advertising device." not, without nn initial disposition of the
<br /> the distance. of sing o 17:1.16 lcal on rail lie 2. Nonconforming slgna question based on an evidentiary earing by
<br /> LO distance. spacing or location shall le The 197f amendatory act suhstlluled Owners of land leased for signs,owners line trial court,properly raised for decision
<br /> removed by Its owner on or before July 1, commissioner of tmnspnortation for commis- of signs and advertisers had to he given the on appeal. Id.
<br /> 1969•" sinner of highways. opportunity to prove their claim that the
<br /> The 1971 amendatory act also rewrote laws 1981,e.•LlW,added cl.(4). four-yenr amortization pe.riiod of § 17:1.17 Signs found to he illegally spaced could
<br /> this section which formerly read: prior to 1971 amendment and§ 17:1.47 prior have been removed by the Commissioner of
<br /> Laws 1!)81,c.356,directed the revisor of to its repeal laws 1971, c. 88:1, L0, Highways if the fell into one of the four
<br /> "Subdivision 1. Any advertising device le Y § >'
<br /> lawfully erected before May 21;, 1965 and statutes In renumber and to substitute ter- providing for regulation and control of ad- categories specified by this section prior
<br />to
<br /> not conforming to the provisions of section minulugy with reference to the centrlliza- verlising devices along stale highways and 1971 amendment and § 173.47 (repealed).
<br /> 173.16 with respect to distance,spacing or lion of the powers and duties of the com- requiring removal of certain nonconforming and if a hearing was held before removal.
<br /> location shall be removed by its owner on or missioner of energy,planning and develop signs within a four-year period,wits uncon- Op.Alty.Gen.,229A-9,Jan. 16, 1969.
<br /> before July 1, 1%9. ment in one chapter.
<br /> "Subd. 2. Notwithstanding the provi• The 1983 amendatory act reorganized the 173,171. Vegetation control; visibility; agreements
<br /> signs of section 17:1.21,any advertising de- department of energy, planning and devel-
<br /> vice which is opment, created a state planning agency The commissioner of the department of transportation may enter into
<br /> "(1)erected or maintained contrary to the anti a department of energy and economic agreements with the owners of advertising devices not prohibited under
<br /> provisions of section 17:1.15 or any regula• 'developmcut. and renamed the small husi•
<br /> ncas finance agency the energy and eco- this chapter and lawfully erected and maintained in adjacent areas, or
<br /> lions issued or adopted thereunder, s ct nomcc development authority. Section 115, with the owners of the real property on which the advertising devices are
<br /> there of the commissioner with respect subd I thereof directed the revisor In im-
<br /> thereto: or located,providing for the control of vegetation on the right-of-way in the
<br /> element changes in terminology relating to
<br /> "(2) for which no permit has been ub- such reorganization_ vicinity of the advertising devices to ensure their visibility from the
<br /> tained: or highway. The a agreements shall provide that:
<br /> "131 for which the permit has been re- The 198fi amendment removed gender g P
<br /> yoked; or specific references applicable to human 1K (1) The cost of any vegetation control measures will be paid for by the
<br /> ings throughout Minn.Stuta.by adopting by
<br /> "(4)which is abandoned reference proposed amendments for such owner of the advertising device or the owner of the real property on
<br /> "is hereby declared to be a public nuisance, revision prepared by the revisor of statutes which it is located; and
<br /> illegal and nonconforming,and the commis- pursuant to laws 1984, c. 480, § 21, and
<br /> sioner may enter upon the land where the certified and filed with the secretary of (2) Any control measures will be carried out in a safe, workmanlike
<br /> sign is located and may remove or destroy stale on Jan.24, 1986. Section:1 of laws manner,
<br /> such sign after a hearing as provided by 1906,c.444,provides that the amendments
<br /> law and after 30 days notice to the owner "do not change the substance of the stat- laws 1981,c.294,§ 3,eff. May 29, 1981.
<br /> and permittee thereof,if known. No com- utes amended."
<br /> Library References
<br /> Library References Highways 4-105(1).
<br /> Eminent Domain 4-17,18.5. US.Highways§ 177 et seq.
<br /> C.I.S.Eminent Domain§§ CA.64(l)• 531
<br /> 530
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