Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part III - Outdoor Advertising › Chapter 3 - Policy, Procedure and Control of Junkyards along Interstate and Primary Systems › Section III-321 - Relocation and/or Disposal

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Valuation. This method of junkyard control will be used only as a last resort.
				Moving costs will be determined by an appraiser or consultant on the basis of
				information obtained from salvage yard operators, contract carriers, and any
				other reliable source. The junk owner will be given the opportunity to
				accompany the appraiser or consultant during his inspection. The maximum moving
				cost will be that amount which is consistent with the most economical method of
				disposing of the junk material. All appraisals will be in accordance with state
				and federal regulations.
B.
				Negotiations. Negotiations with the owner of property rights involved in the
				junkyard will be conducted by right-of-way personnel. Negotiations will include
				a thorough investigation of all claims for compensation made by either the junk
				owner, the landowner, or any other person. Formal written offers will be made.
				Such letters will set out the property rights to be acquired or damaged and the
				amount to be paid therefor. The time allowed for the removal of the junk and
				other personal property will be negotiated, but the 90-day notice process will
				be followed. Controls will be established to insure that the junk is not moved
				to any location which would violate the provisions of the Beautification Act,
				or any other law or ordinance.
C.
				Acquisition by Expropriation. If the written offer to any party which has a
				compensable interest is not accepted within a reasonable time, acquisition by
				expropriation to acquire the necessary property interest will be initiated by
				the state.
D. Programming and
				Authorization of Relocation or Disposal Projects
1. When a project is to be let for the
				relocation or disposal of non-conforming junkyards along interstate and federal
				aid primary highways, the beautification and permit engineer will be
				responsible for determining the scope of the project. The length of a given
				project will depend upon the number and cost of relocation or disposal of the
				junkyards.
2. After obtaining a
				project number from the project control engineer, the beautification and permit
				engineer will provide the right-of-way section with a list of the junkyards to
				be relocated or disposed of, their inventory number, location and validation of
				their legal status. The right-of-way section will then furnish the
				beautification and permit engineer the junkyard owner, parcel numbers, location
				of replacement site, if applicable, and the real property interest to be
				acquired in order to implement the control measures.
3. The federal aid engineer of the project
				control section will then request federal participation by submitting to the
				division engineer of the Federal Highway Administration the following
				information which will be supplied to him by the beautification and permit
				engineer:
a. the zoning and validation of the
				legal status of each junkyard on the project;
b. the control measures proposed for each
				junkyard including, where applicable, information relative to permanent
				disposal sites to be acquired by the state;
c. the real property interest to be acquired
				in order to implement the control measures;
d. project and parcel number;
e. landowner;
f. junkyard inventory number;
g. estimated cost.