Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 64 - SIGNS - HIGHWAY CONSTRUCTION PROJECTS › Section 734-064-0030 - Compensation for Loss of an Outdoor Advertising Sign Due to a Highway Project

Current through Register Vol. 63, No. 7, July 1, 2024
(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.