North Carolina 2017-2018 Session Status: In Committee Bipartisan · 4 R · 1 D cosponsors

HB 173 — Revisions to Outdoor Advertising Laws.

Last action — Passed 1st Reading

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2017-2018 Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

126 added · 124 removed

Plain-language change summary

The bill HB 173 has been revised to clarify how compensation is determined when the Department of Transportation acquires property with outdoor advertising. It now explicitly states that if the property owner does not own the outdoor advertising, compensation will reflect only the change in the property's overall value. Conversely, if the property owner also owns the advertising, the compensation will include both the advertising's current fair market value and the change in the property's value. These changes aim to ensure fair compensation for property owners affected by such acquisitions.

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GENERAL ASSEMBLY OF NORTH CAROLINA H.B.
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2017 H 1 HOUSE BILL 173 Short Title:
173 Feb 22, 2017 SESSION 2017 HOUSE PRINCIPAL CLERK H D HOUSE BILL DRH30078-MLf-72E (02/07) Short Title:
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
A BILL TO BE ENTITLED AN ACT TO INCREASE PERMIT FEES FOR OUTDOOR ADVERTISING, TO CLARIFY THE STANDARDS FOR DETERMINING JUST COMPENSATION IN STATE AND LOCAL GOVERNMENT EMINENT DOMAIN ACTIONS THAT CAUSE THE REMOVAL OF LAWFULLY ERECTED OUTDOOR ADVERTISING, AND TO MAKE VARIOUS REVISIONS TO THE LAWS GOVERNING OUTDOOR ADVERTISING MODERNIZATION AND OUTDOOR ADVERTISING VEGETATION CUTTING OR REMOVAL.
Commerce and Job Development, if favorable, Regulatory Reform, if favorable, Finance February 23, 2017 A BILL TO BE ENTITLED AN ACT TO INCREASE PERMIT FEES FOR OUTDOOR ADVERTISING, TO CLARIFY THE STANDARDS FOR DETERMINING JUST COMPENSATION IN STATE AND LOCAL GOVERNMENT EMINENT DOMAIN ACTIONS THAT CAUSE THE REMOVAL OF LAWFULLY ERECTED OUTDOOR ADVERTISING, AND TO MAKE VARIOUS REVISIONS TO THE LAWS GOVERNING OUTDOOR ADVERTISING MODERNIZATION AND OUTDOOR ADVERTISING VEGETATION CUTTING OR REMOVAL.
In any acquisition, purchase or condemnation, just compensation to the owner of the outdoor advertising, where the owner of the outdoor advertising does not own the fee, shall be limited to the fair market value at the time of the taking of the outdoor advertising owner's interest in the real property on which the outdoor advertising is located and such value shall include the value of the outdoor advertising.
In any acquisition, purchase or condemnation, just compensation to the owner of the outdoor advertising, where the owner of the outdoor advertising does not own the fee, shall be limited to the fair market value at the time of the taking of the outdoor advertising owner's interest in the real *H173-v-1* General Assembly Of North Carolina Session 2017 property on which the outdoor advertising is located and such value shall include the value of the outdoor advertising.
*DRH30078-MLf-72E* General Assembly Of North Carolina Session 2017 In any acquisition, purchase or condemnation, just compensation to the owner of the fee or other interest in the real property upon which the outdoor advertising is located where said owner does not own the outdoor advertising located thereon shall be limited to the difference in the fair market value of the entire tract immediately before and immediately after the taking by the Department of Transportation of the right to maintain such outdoor advertising thereon and in arriving at the fair market value after the taking, any special or general benefits accruing to the property by reason of the acquisition shall be taken into consideration.
In any acquisition, purchase or condemnation, just compensation to the owner of the fee or other interest in the real property upon which the outdoor advertising is located where said owner does not own the outdoor advertising located thereon shall be limited to the difference in the fair market value of the entire tract immediately before and immediately after the taking by the Department of Transportation of the right to maintain such outdoor advertising thereon and in arriving at the fair market value after the taking, any special or general benefits accruing to the property by reason of the acquisition shall be taken into consideration.
(b) Nothing in this section shall prohibit a municipality, county, local or regional zoning authority, or other political subdivision from using its zoning authority to regulate (i) the initial erection of outdoor advertising that has not been relocated pursuant to subsection (c) of this section or (ii) outdoor advertising in which a permit issued by the Department of Transportation pursuant to this Article has been voluntarily cancelled or lawfully revoked, and any appeals under G.S.
(b) Nothing in this section shall prohibit a municipality, county, local or regional zoning authority, or other political subdivision from using its zoning authority to regulate (i) the initial erection of outdoor advertising that has not been relocated pursuant to subsection (c) of this section or (ii) outdoor advertising in which a permit issued by the Department of Transportation Page 2 House Bill 173-First Edition General Assembly Of North Carolina Session 2017 pursuant to this Article has been voluntarily cancelled or lawfully revoked, and any appeals under G.S.
No decision of an administrative official charged with Page 2 DRH30078-MLf-72E [v.3] (02/17) General Assembly Of North Carolina Session 2017 enforcement of a local ordinance, rule, or regulation shall be effective against an owner or operator of outdoor advertising for any activity authorized by this section, and no appeal under G.S.
No decision of an administrative official charged with enforcement of a local ordinance, rule, or regulation shall be effective against an owner or operator of outdoor advertising for any activity authorized by this section, and no appeal under G.S.
A selective vegetation removal permittee may relocate, and replace if necessary, any native dogwoods or native redbuds existing within the cut or removal zone established in subsection (a) of this section to a location within 2,500 feet on either side of the outdoor advertising structure, as measured along the edge of the pavement of the main travel way of the nearest controlled route.
A selective vegetation removal permittee may relocate, and replace if necessary, any native dogwoods or native redbuds existing within the cut or removal zone established in subsection (a) of this section to a location within 2,500 feet on either side of the outdoor advertising structure, as measured along the edge of the House Bill 173-First Edition Page 3 General Assembly Of North Carolina Session 2017 pavement of the main travel way of the nearest controlled route.
If a native dogwood or native redbud cannot be preserved during relocation, a selective vegetation removal permittee shall DRH30078-MLf-72E [v.3] (02/17) Page 3 General Assembly Of North Carolina Session 2017 replace the native dogwood or native redbud with native dogwoods or native redbuds of the same cumulative caliper inches.
If a native dogwood or native redbud cannot be preserved during relocation, a selective vegetation removal permittee shall replace the native dogwood or native redbud with native dogwoods or native redbuds of the same cumulative caliper inches.
Page 4 DRH30078-MLf-72E [v.3] (02/17)
Page 4 House Bill 173-First Edition
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Action History

  1. Passed 1st Reading

  2. Ref to the Com on Commerce and Job Development, if favorable, Regulatory Reform, if favorable, Finance

  3. Filed

Sponsors

Sponsorship breakdown

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3 sponsors · 13 co-sponsors · 163 not signed on

Sponsors (3)

Co-sponsors (13)

Not signed on (163)

163 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Subjects

public-safety transportation
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Frequently asked questions

Who sponsors HB 173?
HB 173 is sponsored by Yarborough, Wray, Steinburg, Phil Shepard (Republican), Mitchell S. Setzer (Republican), Garland E. Pierce (Democratic), McElraft, Lucas, Hardister, Floyd, Dobson, Collins, Burr, S. Martin, and John R. Bell, IV (Republican).
What is the current status of HB 173?
This bill died with 2017-2018 Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 173?
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