28-7906. Outdoor advertising and property right acquisition; compensation; removal; hearing

A. The director shall acquire by gift, agreement, purchase, exchange, eminent domain or other lawful means all right, title, leasehold and interest in any outdoor advertising together with the right of the owner of the real property on which the outdoor advertising is located to erect and maintain the outdoor advertising on the real property, if the outdoor advertising is prohibited by this article. Damages resulting from any taking of property in eminent domain shall be determined in the manner provided by law.

B. If compensation is required by federal law and if federal participation in the compensation is required by federal law, nonconforming outdoor advertising is not required to be removed until federal monies for the federal share of compensation as required by federal law are made available to the department.

C. If outdoor advertising is placed after July 1, 1974 contrary to this article or the rules adopted by the director or if a permit is not obtained as prescribed in this article, the outdoor advertising is unlawful.

D. The director shall give notice by certified mail of the director's intention to remove advertising deemed unlawful to both the owner or the occupant of the land on which the outdoor advertising is located and the owner of the outdoor advertising, if the latter is known, or if unknown, by posting notice in a conspicuous place on the outdoor advertising. Within seven days after the notice is mailed or posted, the owner of the land or the outdoor advertising may make a written request to the director for a hearing to show cause why the outdoor advertising should not be removed.

E. The director shall designate a hearing officer, who is an administrative employee of the department, to conduct and preside at the hearing. If a hearing is requested, the department shall hold the hearing within thirty days after the hearing is requested and the department shall give the party requesting the hearing at least five days' notice of the time of the hearing. The department shall conduct the hearing at department administrative offices. A full and complete record and transcript of the hearing shall be taken.

F. Within ten days after the hearing, the hearing officer shall make a written determination of findings of fact, conclusions and decision and shall mail a copy by certified mail to the owner or the party who requested the hearing.

G. If the decision is adverse to the party, within ten days after the decision is rendered the party may petition the superior court in the county in which the outdoor advertising is located to determine whether the decision of the hearing officer was lawful and reasonable. If the decision of the court upholds that of the director, the owner of the land or the outdoor advertising or both shall pay all costs from the time of the administrative hearing, including court costs.

H. If a hearing before the director is not requested, if an appeal is not taken from the director's decision of the hearing or if the director's decision is affirmed on appeal, the director shall immediately remove the offending outdoor advertising. The owner of the outdoor advertising, the owner or occupant of the land or the owner of the outdoor advertising and the owner or occupant of the land are liable for the costs of this removal. The director has no liability for the removal.