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§ 173.16 HIGHWAYS, ROADS ADVERTISING DF',VICFS § 173.17
<br /> tion in St. Paul, Minnesota,within 15 days after the effective date of the 173.17. Itemovol of deviver. time for rt•movnl: t•ompenseliun
<br /> zoning change or establishment. It is hert'b� dt clan•rl that w L,•r.• nn-whiner ter r•arrc rent Ow prtrvi,wn,of
<br /> laws 19(;5,e.1028,§ 16. Amended by laws 19(17,Ex.Sess.,rc.!),§ 15A.eft Mal• this chapter it is nr•rr•..;try that pr,yo•rts rights be acgnirr•rl• such
<br /> 30, 1967; Laws 1971,c.}0{:I,§ 1(h, Laws 1973,c. IV,art.5,§ 7; laws 1971;,c• acquisition is for a public purpose and is necessary fur a highway
<br /> 166, § 7; Laws 1978,c.1;74,§ 60. purpose. The commissioner of transportation is authorized to acquire by
<br /> Historical Note purchase, gift or condemnation all advertising devices and all property
<br /> The I91;7 amendatory act rewrote d. (5) "(4) Within loo feet of a church or rights pertaining thereto which are prohibited under the provisions of
<br /> try substituting •'3111101" for "00"1fo 'zoo" school; this chapter,and any rules or regulations promulgated pursuant thereto,
<br /> for"111(1"and"IaINI"for"17W"Ifor appli•
<br /> calrlr text,sir 1971 amendatory act,post) (5) Which is closer than 3000 feet to any provided that such advertising devices were in lawful existence on June
<br /> other advertising device on the same side of
<br /> The 1!171 amendatory act rewrote this such highway; provided that advertising de. 8, 1971. In any such acquisition, purchase or condemnation, just COm-
<br /> section which formerly read: vices, advertising communities, industries pensation shall be paid for:
<br /> or other activities being conducted within, (1) The taking from the owner of such sign, display or device of all
<br /> ' "Peron and after May elfin 1965,no ativer- 'l0U miles of such devices are permitted ttr g P
<br /> tilling device shall he erected: be erected and maintained as close as 13oo right, title, leasehold and interest in such sigh, display or device; and
<br /> "(1) Which would prevent any traveler on feet to any other advertising device on the
<br /> any highway of the interstate system of same side of such highway." (2) The Liking from the owner of the real property on which such
<br /> highways from obtaining a clear view Of The 1973 amendatory act was a general advertising device is located immediately prior to its removal or reloca-
<br /> approaching vehicles on the same highway authorization for the consolidation of the tion,the right to erect and maintain thereon advertising devices,and full
<br /> for a distance of 5(10 fret alone the high terms 'villager" and 'M " into the
<br /> war; term"cities' or the substitutitution on of the lean �con nsation therefor, including severance damage and damage to the
<br /> "12► which would Ire closer than:dill feel "statutory cities' for "villages' and/or remainder of the outdoor advertising plant regardless of whether it is
<br /> boroughs.
<br /> from the intersection of any trunk highway located on property contiguous to or a part of that on which such sign is
<br /> at grade with another highway,or with a The 1!17G amendatory act substituted ref- located, shall be included in the amounts paid to the respective owners.
<br /> railroad; provided,that advertising may be en'nces tr the commissioner of transpsrrtn•
<br /> nffixel to or located adjacent to building lira for references t,the commissioner of Provided, however, that no compensation shall be paid for severance
<br /> at such intersection in such a manner its not highways. damage and damage to the remainder of the outdoor advertising plant
<br /> to cause any greater obslniclion of vision Thr 1978 amendatory act directed that unless federal laws,or rules and regulations promulgated by the United
<br /> than that caused by the building itself;
<br /> "certified mail" he substituted for "rrK- States Department of Transportation provide for federal participation in
<br /> "(3) In or within NN) fret of national islered mail"wherever the term appears in the cost of such severance damage and damage to the remainder of the
<br /> parks, state parks, local parks, historic the statutes.except when the purpose is tip
<br /> sites•and public picnic or rest areas; insure articles of monetary value. outdoor advertising plant.
<br /> (3) Compensation required herein shall be aid to the person or
<br /> Cross References P q p ( per-
<br /> Outdoor telephone booths located within rights of way of public highways or street.. sons entitled thereto. Notwithstanding any other provisions of Laws
<br /> advertising,see; 16021. 1971,Chapter 883, no advertising device shall be required to be removed
<br /> Resort information signs,see§ 160.283 el seq. or relocated unless and until the commissioner of transportation shall
<br /> Library References tender payment to the owner of the advertising device and the owner of
<br /> ' real property u on which the same is located, ill cash or check drawn on
<br /> 7Arnlrlg and Planning aKl. P
<br /> (:J.S. Zoning and Lind Planning §§ 25, the state treasury, of 100 percent of the amount of just compensation
<br /> 61. required herein, as determined by the commissioner of transportation;
<br /> Notes of Decisions provided that the acceptance of said tendered amount by the person or
<br /> 1. In general nn• maintained ' ' ' within duo feet of it persons to be compensated shall be without prejudice to further rights to
<br /> church or school"regulates devices in allk" have just compensation finally determined in accordance with the provi-
<br /> 1{Permittin promulgated wrier this ckgg cent and business areas as well as those in
<br /> ter permitting state to have advertising .scenic areas. Id. sions of Laws 1971,Chapter 883,and to receive an
<br /> IIeVICCR In areas that have Inren rezoned P y greater or additional
<br /> from industrial or commercial to residential An advertising device which consisted(if amount under chapter 117.
<br /> was valid exercise of regulatory power. several parts or phases inlendel al tin'li""' (4) Notwithstanding an other
<br /> Slate Iry Sp,annaus v. Idopf, 1982, 3'13 Of its erection to be a single structure which g y provision of this chapter, including
<br /> could be viewed from one direction should section 173.20,no advertising device which was lawfully erected shall be
<br /> N.W.zd 746. removed until all rights in the property, p
<br /> have been considered as one "advertising
<br /> Provision of the Minnesota outdoor Ad- device"for purposes of the spacing limits*
<br /> g personal or real, have been
<br /> vertisingr Control Act Isulal 2(2)of§ 173.081 Lion of§ 173.46(repeate)and this section, acquired by purchase,gift,or eminent domain proceedings under chapter
<br /> that"no advertising device shall be erected Op.Atty.Gem,•rt9A 9,Dec. 16, 1968. 117, whether or not the advertising device is removed pursuant to this
<br /> 528 529
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