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House approves fourth substitute on billboard regulation after protracted debate over local control and eminent-domain provisions

Utah House of Representatives · February 21, 2007
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Summary

Fourth substitute HB352 establishes a 60-day negotiation process for relocation of nonconforming billboards and triggers eminent-domain–style remedies if negotiations fail; supporters framed it as private-property protection, opponents said it weakens local land-use authority. The House passed the substitute 45–20.

The House passed a fourth substitute to House Bill 352 addressing regulation of nonconforming billboards after extended floor debate that pitted private-property arguments against defenders of local land-use control.

Representative Sam Brown, sponsor of the substituted measure, said the fourth substitute reflected negotiated compromise between municipalities and billboard operators and establishes a process for communities and billboard owners to negotiate relocations. Under the bill, when a billboard becomes nonconforming because of a local ordinance, the billboard company would have a 60-day period to negotiate relocation terms with the municipality; if the parties cannot agree, the statute provides a relocation/eminent-domain framework with conditions including size, height and zoning restrictions (limited to commercial/industrial/manufacturing zones) and parity for size/face.

Opponents, including Representative Becker and Representative Wiley, said the bill repeatedly overrides local governments, allows billboard companies considerable leeway to relocate structures near residential areas, and imposes acquisition valuations that leave communities unable to buy out signs in practice. Representative Becker warned that the bill "completely override[s] local governments in their decision making," and argued it hands substantial leverage to billboard owners.

Sponsor Brown said the bill protects property-rights interests and includes negotiation steps requested by municipalities; he noted city attorneys participated in negotiations and that the substituted text contains limits and standards to guide relocation.

On final passage the House recorded 45 yes votes, 20 no votes, and 10 absent; the bill will be forwarded to the Senate.