NAC410.410. Compensation for sign to be removed; valuation process.

     1. The basic criteria for determining whether the Department can offer compensation for the sign to be removed is as follows:

     (a) The sign must have been legally erected and maintained on or before March 15, 1972. Signs will not be purchased until federal money is made available for participation in such purchases.

     (b) The sign must enjoy legal occupancy status from the time of erection until purchase by the state.

     (c) The sign must be located in a nonconforming area.

     (d) The sign must not have undergone any substantial change in configuration since March 15, 1972, although normal maintenance is permitted.

     (e) The sign must have a sign permit issued by this state.

     (f) Nonconforming signs on routes which have been added to the interstate or primary system subsequent to March 15, 1972, must be removed within 5 years after the date the route was added to the system. They may qualify for compensation subject to meeting the required occupancy tests.

     2. When the valuation process begins for signs eligible for purchase, the owner of the sign shall furnish the Department with copies of his or her leases or agreements with the property owner delineating the terms and conditions of occupancy within 30 days after such a request by the Department. If a formal lease or agreement does not exist, the owner shall furnish the Department with a notarized affidavit attesting to his or her occupancy right and stating the amount of site rental paid for the last 2 calendar years, the party to whom sums for the lease were paid and the address of that party.

     [Dep’t of Highways, Outdoor Advertising Control Manual p. 21, eff. 1-28-77]—(NAC A by Dep’t of Transportation by R058-97, 12-11-98)