5/2/2016. Utah Municipal Code. Outdoor Advertising Act. Utah Code Utah Code 10-9a-511. Utah Code Utah Code 10-9a-513

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Samantha Slark and Katherine Lewis Outdoor Advertising Act Utah Municipal Code Utah

1 It was the best of times, it was the worst of times... Charles Dickens Litigation of Billboard Relocation Requests Presented by Samantha Slark and Katherine Lewis Outdoor Advertising Act Utah Municipal Code Utah Code Utah Code Utah Code 10-9a-511 Utah Code 10-9a-513 Request for Relocation under Utah Code

5/2/2016 (1) If an outdoor advertising structure needs to be moved away from a high voltage power line or lines so that the sign can be reposted or maintenance performed without having to comply with

Code, a regulation, standard, or directive of the Occupational Safety and Health Administration or any other similar applicable regulation, then the owner shall have the option to remodel the

previous location on either side of the same highway; or (d) mutually agreed upon by the owner and the county or municipality in which the structure is located.

2 5/2/2016 (1) If an outdoor advertising structure needs to be moved away from a high voltage power line or lines so that the sign can be reposted or maintenance performed without having to comply with the distance or notification requirements of Section 54-8c-2, or in order to comply with distance or notification requirements imposed by the National Electrical Safety Code, International Building Code, a regulation, standard, or directive of the Occupational Safety and Health Administration or any other similar applicable regulation, then the owner shall have the option to remodel the structure at the same location or relocate and remodel the structure to another location within the same jurisdiction: (a) on the same property; (b) on adjacent property; (c) within 2,640 feet of the previous location on either side of the same highway; or (d) mutually agreed upon by the owner and the county or municipality in which the structure is located. (2) The relocation under Subsection (1) shall be in a commercial or industrial zoned area or where outdoor advertising is permitted under this part. (5) If a governmental entity prohibits the relocation and remodeling as provided in Subsection (1)(a), (b), or (c), it shall pay just compensation as provided in Subsection (3) (3). 204 West 2100 South 2

204 West 2100 South Requested Relocation to 66 West 2100

that give rise to an obligation to pay just compensation,

and follow the condemnation process set forth in the

3 204 West 2100 South Requested Relocation to 66 West 2100 South If a municipality denies an application to relocate that give rise to an obligation to pay just compensation, a municipality is required to file a condemnation action and follow the condemnation process set forth in the Eminent Domain Statute and the Utah Relocation Assistance Act. 3

Section 516 identifies when the denial of an application to relocate amounts to a regulatory taking; The just compensation owed may be determined by agreement or by either party filing an action to

4 Section 516 identifies when the denial of an application to relocate amounts to a regulatory taking; The just compensation owed may be determined by agreement or by either party filing an action to determine the amount owed. The City Denied Application Requested Financial Information from Reagan to Determine the Value of the Billboard Reagan Refused to Provide Financial Information Insisted the City file a Condemnation Action 4

5 Reagan supported a bill at the Legislature to specifically require filing a condemnation action. June 2010 City Files Complaint Four Years of Fact and Expert Discovery Ensued An affiliate of Reagan purchased the land on which the billboard stands at a Trustee Sale. Reagan s concerns about being evicted from the property are removed. 5

6 Reagan moved to dismiss the case claiming the district court did not have subject matter jurisdiction because the City had not completed the steps set forth in the Eminent Domain Statute and the Utah Relocation Assistance Act, including preparing an appraisal. The City argued the Eminent Domain Statute and the Utah Relocation Assistance Act do not apply when a City denies an application to relocate a billboard. The District Court granted Reagan s Motion. Reagan sent the City a letter stating it was withdrawing its application to relocate the billboard; The City appealed the district court s ruling. Plain Language of Statute Legislative History Avoidance of Absurd Results 6

7 A contrary interpretation of the language of the statute. The importance of the protections of the condemnation process. Fully Briefed and Awaiting Oral Argument Removal of the Billboard Value of the Billboard 7

If a municipality is considered to have initiated the acquisition of a billboard structure by eminent domain under Subsection (2)(a) or any other provision of applicable law, the municipality shall

expense; (ii) the value of any other right associated with the billboard structure that is acquired; (iii) the cost of the sign structure; and (iv) damage to the economic unit described in Subsection

8 If a municipality is considered to have initiated the acquisition of a billboard structure by eminent domain under Subsection (2)(a) or any other provision of applicable law, the municipality shall pay just compensation to the billboard owner in an amount that is: (i) the value of the existing billboard at a fair market capitalization rate, based on actual annual revenue, less any annual rent expense; (ii) the value of any other right associated with the billboard structure that is acquired; (iii) the cost of the sign structure; and (iv) damage to the economic unit described in Subsection (3)(b), of which the billboard owner's interest is a part. the value of the existing billboard at a fair market capitalization rate, based on actual annual revenue, less any annual rent expense the value of any other right associated with the billboard structure that is acquired; 8

9 damage to the economic unit described in Subsection (3)(b), of which the billboard owner's interest is a part. Economic Unit Request for Relocation under Utah Code and 10-9a-511(3)(c)(1) 9

CBS s Application to Relocate from 726 W S Temple to 738 W S Temple Oct.

15, 2015 Modified Relocation Request Corner Property s Application to Relocate from 280 West

may be constructed within six hundred feet (600 ) of the right of way of any gateway.

) Utah Code 10-9a-511(3)(c)(i): Notwithstanding a prohibition in its zoning ordinance, a

10 CBS s Application to Relocate from 726 W S Temple to 738 W S Temple Oct. 21, 2014 First Relocation Request Sept. 14, 2015 Court s Ruling Upholding Denial Sept. 15, 2015 Modified Relocation Request Corner Property s Application to Relocate from 280 West 500 South to 726 W S Temple Request q under Utah Code 10-9a- 511(3)(c)(1) No new billboard may be constructed within six hundred feet (600 ) of the right of way of any gateway. (Salt Lake City Code 21A (N).) Utah Code 10-9a-511(3)(c)(i): Notwithstanding a prohibition in its zoning ordinance, a municipality may permit a billboard owner to relocate the billboard within the municipality's boundaries to a location that is mutually acceptable to the municipality and the billboard owner. 10

West 500 South to 726 W. South Temple Denied Nov.

11 . Deny CBS Application Relocate from 726 W. South Temple to 738 W. South Temple Approve Corner Property Application Relocate from 280 West 500 South to 726 W. South Temple Denied Nov. 25, 2015 Approved Nov. 25, 2015 Policy Interest Billboard d Agreement RETIRED Lease Expiration 11

City s decision to approve Corner Property

12 Administrative Hearing Jan. 14, 2016 District Court Hearing Feb. 5, 2016 City s decision to deny CBS s application was illegal. City s decision to approve Corner Property s application was arbitrary and capricious. Administrative Process Substantive Arguments 12

13 February 8, 2016 Administrative Process Hearing Officer is limited to an ordinance review Substantive Arguments Not required to initiate condemnation Mayor has authority to make the decision Section 511 allows waiver of any zoning ordinance Appeal is currently being briefed. 13

14 It is a far, far better thing that I do, than I have ever done... Charles Dickens 14

Appeal #PLNAPP and PLNAPP , Billboard relocation applications at 726 W. South Temple and 738 W. South Temple

Appeal #PLNAPP and PLNAPP , Billboard relocation applications at 726 W. South Temple and 738 W. South Temple Staff Report PLANNING DIVISION COMMUNITY & ECONOMIC DEVELOPMENT To: From: Mary J. Woodhead, Salt Lake City Appeals Hearing Officer Samantha Slark, samantha.slark@slcgov.com and (801) 535-7628 and Betsy