ORS 377.765
Status of previously existing signs

  • removal upon payment of compensation

(1)

Outdoor advertising signs in existence on May 30, 2007, and lawfully located within commercial or industrial zones in existence on May 30, 2007, and outdoor advertising signs visible from a road or street that is designated as a state highway after May 30, 2007, and lawfully located within a commercial or industrial zone at the time the road or street is designated as a state highway, may remain. Subject to the provisions of ORS 377.700 (Short title) to 377.844 (Enforcement of rules regarding health and safety), such signs may be maintained, reconstructed and relocated. However, such signs may not be relocated unless a relocation permit has been issued pursuant to ORS 377.767 (Relocation of existing outdoor advertising sign). A permit may not be issued to relocate an outdoor advertising sign that was not lawfully in existence on May 30, 2007, except that outdoor advertising signs that are visible from a road or street that is designated as a state highway after May 30, 2007, and that are lawfully located within a commercial or industrial zone at the time the road or street is designated as a state highway, may be relocated within the same section of highway.

(2)

All outdoor advertising signs that are lawfully located outside of a commercial or industrial zone and visible from an interstate highway or a primary highway shall be removed upon payment of just compensation as provided by ORS 377.780 (Removal of outdoor advertising signs).

(3)

Upon payment of just compensation, the Department of Transportation may remove any lawful outdoor advertising sign located in a scenic area designated pursuant to ORS 377.505 (Definitions for ORS 377.505 to 377.540) to 377.540 (Director of Transportation to enforce orders and render administrative assistance).

(4)

Outdoor advertising signs in existence on May 30, 2007, that are lawfully located outside of a commercial or industrial zone in existence on July 1, 1971, and visible from a secondary highway and not within a scenic area existing on July 1, 1971, or thereafter designated a scenic area may be removed only upon payment of just compensation as provided in ORS 377.780 (Removal of outdoor advertising signs). Upon payment of just compensation, the department may remove the outdoor advertising sign. It may not be reconstructed or replaced if destroyed by natural causes and may not be relocated.

(5)

If a secondary highway existing on July 2, 1971, is subsequently designated as an interstate or primary highway, upon payment of just compensation, the department may remove outdoor advertising signs not conforming to the provisions of ORS 377.700 (Short title) to 377.844 (Enforcement of rules regarding health and safety).

(6)

If any other highway is designated as an interstate or primary highway, upon payment of just compensation, the department may remove a nonconforming outdoor advertising sign lawful before such designation but nonconforming thereafter.

(7)

Upon the construction or designation of a secondary highway, after July 2, 1971, an outdoor advertising sign lawfully in existence and not regulated under ORS 377.700 (Short title) to 377.844 (Enforcement of rules regarding health and safety) prior to such construction or designation is subject to subsection (4) of this section. [1971 c.770 §18; 1973 c.28 §1; 1973 c.790 §11; 1975 c.336 §7; 1993 c.376 §3; 2007 c.199 §13; 2009 c.463 §7]

Source: Section 377.765 — Status of previously existing signs; removal upon payment of compensation, https://www.­oregonlegislature.­gov/bills_laws/ors/ors377.­html.

Notes of Decisions

Lack of statutory time limit for approval of relocation does not violate due process or free speech rights. Outdoor Media Dimensions, Inc. v. State of Oregon, 150 Or App 106, 945 P2d 614 (1997), aff’d 331 Or 634, 20 P3d 180 (2001)

377.030
Destruction or removal of trees on state highways without permission prohibited
377.040
Application to department to remove trees along state highways
377.050
Consent of department for removal of trees along state highways
377.100
Study of highway system
377.105
Effect of designation as historic and scenic highway
377.505
Definitions for ORS 377.505 to 377.540
377.510
Signs visible from state highways regulated
377.515
Removal of nonconforming signs deferred
377.521
Status of previously designated scenic areas
377.540
Director of Transportation to enforce orders and render administrative assistance
377.605
Definitions for ORS 377.605 to 377.655
377.610
Public policy on junkyards
377.615
Director’s authority to promulgate regulations, enter into agreements with federal government
377.620
Restrictions on maintaining or establishing junkyard along highway
377.625
Screening junkyard located in restricted area
377.630
Removing junkyard from restricted area
377.635
Junkyard in violation of restrictions declared a public nuisance
377.640
Acquisition of land necessary to screen or relocate junkyards
377.645
Expenditure of moneys to screen or relocate junkyards prior to availability of federal matching funds
377.650
Personal property on state highway
377.653
Personal property under state highway bridge
377.655
Rules for removal and disposition of signs and property in violation of ORS 377.650
377.700
Short title
377.705
Policy
377.707
Identifying location of signs on construction plans
377.708
Effect on certain signs of transfer of jurisdiction over state highway
377.710
Definitions for ORS 377.700 to 377.844
377.712
Issuance of permits for certain preexisting signs
377.713
Compensation following partial or total loss of outdoor advertising sign
377.715
Application of ORS 377.700 to 377.844
377.720
Prohibited signs
377.723
Affidavit of city or county necessary for issuance of sign permit
377.725
Permit
377.729
Fees for sign permits and business licenses
377.730
License for business of maintaining or erecting signs
377.735
Exemptions from sign permit requirements
377.737
Giving or receiving compensation or value for signs
377.740
ORS 377.700 to 377.844 not intended to authorize signs prohibited by other governmental units
377.745
Limitation on form and size of signs
377.750
Spacing between signs
377.753
Permits for outdoor advertising signs
377.756
Permits for signs erected by city or unincorporated community
377.757
Requirements for signs authorized by ORS 377.756
377.758
Notification by federal authorities of illegal sign
377.759
Issuance of relocation credits for removal of outdoor advertising signs from scenic byway
377.762
Issuance of relocation credits for removal of sign
377.763
Consolidation of relocation credits
377.765
Status of previously existing signs
377.767
Relocation of existing outdoor advertising sign
377.768
Effect of relocation permit on existing sign permit
377.770
Signs in protected, commercial or industrial areas
377.773
When sign abandoned
377.775
Removal procedure for noncomplying signs
377.777
Action to enjoin person from violation of ORS 377.700 to 377.844
377.780
Removal of outdoor advertising signs
377.787
Contracts to study traveler information needs
377.790
Construction, maintenance and operation of tourist and motorist informational signs
377.795
Allocation of costs of telephone informational system
377.800
Tourist and motorist informational signs
377.805
Form of tourist and motorist informational signs
377.820
Application for tourist or motorist informational sign permit
377.825
Fees for sign applications, maintenance costs and reinstallation
377.830
Limitation on motorist informational sign permits
377.831
Application for digital billboard permit
377.833
Public notifications
377.835
Creation of Travel Information Council as semi-independent state agency
377.836
Application of certain statutes to Travel Information Council
377.838
Authority of executive director of Travel Information Council
377.839
Authority of Travel Information Council
377.840
Travel Information Council account
377.841
Roadside rest areas
377.842
Refreshments at roadside rest areas
377.844
Enforcement of rules regarding health and safety
377.845
Use of funds by Department of Transportation after repayment of highway fund
377.880
Informational materials in roadside rest areas
377.885
Department of Transportation Human Trafficking Awareness Fund
377.887
State Parks and Recreation Department Human Trafficking Awareness Fund
377.992
Penalties
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