734-064-0030 Compensation for Loss of an Outdoor Advertising Sign Due to a Highway Project (1) When the Department has a Highway Project that may impact an OAS, it shall determine whether there will be a Total or Partial Loss to any OAS. The Department shall issue a written notice of its decision regarding a Total or Partial Loss or no impact to the OAS Owner. (2) The Department and the OAS Owner may negotiate regarding the Department’s decision regarding a Total or Partial Loss or no impact, and may coordinate efforts to search for a Comparable Location and reasonable OAS modification options. If the Department and OAS Owner cannot reach agreement regarding a Total or Partial Loss or no impact, the OAS Owner may request a contested case hearing under ORS Chapter 183. A hearing request must be in writing and received by the Region Right of Way Manager within 30 days of the notice of decision. (3) If the Department determines that a Total or Partial Loss has occurred, then it will obtain an appraisal by a Specialist Appraiser to assist in determining the Compensation for the OAS if it is determined the Total Loss OAS cannot be relocated, or in any Partial Loss situation. This appraisal shall be based on a written report that conforms to the requirements of the Uniform Standards of Professional Appraisal Practice and OAR 161-025-0060. (4) Upon receipt and review of an appraisal, the Department shall provide a written offer of Compensation for an OAS that is found to be a Total or Partial Loss. (5) The Department and the OAS Owner may negotiate the value of the Compensation. If the Department and OAS Owner cannot reach agreement regarding the Compensation due, the Department shall provide written notice of the final offer of Compensation to the OAS Owner. If the OAS Owner does not agree with the final offer of Compensation, the OAS Owner may request a contested case hearing under ORS Chapter 183. A hearing request must be in writing and received by the Region Right of Way Manager within 30 days of the notice of decision. (6) Within 30 days of a request by the Department or its Specialist Appraiser, the OAS Owner shall provide any requested sales, lease, advertising, use agreements or any other relevant information, to assist the Department or its Specialist Appraiser in evaluating the OAS for Total or Partial Loss or appraising the Partial or Full Compensation. Sales, lease, advertising or other proprietary information will be considered Trade Secrets under ORS 192.345(2). (7) An OAS Owner cannot receive Compensation for a Total or Partial Loss of an OAS unless the OAS Owner has: (a) Made a good faith effort to acquire a relocation site, which includes, but is not limited to, engaging and seeking assistance from the Department in addition to the efforts undertaken by the OAS Owner to relocate the OAS, and has included the Department in communications with the local governing agency and others about efforts to relocate the OAS; and (b) Provided all the requested information to the Department or its Specialist Appraiser as required in these rules. (8) Full Compensation shall only be available upon surrender of the OAS permit, and any right to reconstruct or relocate the OAS, to the Department. All surrendered OAS permits that are a result of a Total Loss shall be retired and not be available for reissuance. (9) Partial Compensation may require surrender of the OAS permit if the new OAS location is not on a state highway, or may require modification of the permit for any lost OAS face(s) or other limitations as a result of a Partial Loss. (10) If the Department determines there is a Total Loss to one sign face of a two-sided OAS, the OAS Owner must seek to relocate the Total Loss sign face as required in these rules. If the single sign face cannot be relocated on the same property or on another legal site, the OAS Owner may receive Full Compensation for the loss of the single face of the OAS. Statutory/Other Authority: ORS 184.619, 377.729, 377.730, 377.735, 377.737, 377.753 & 377.759 Statutes/Other Implemented: ORS 377.700, 377.725 & 377.756 History: HWD 7-2019, adopt filed 11/26/2019, effective 11/27/2019