C.R.S. Section 43-1-414
Removal of nonconforming devices


(1)

The department may remove any nonconforming advertising device and may acquire all real and personal property rights pertaining to the nonconforming advertising device by gift, purchase, agreement, exchange, or eminent domain. All proceedings in eminent domain shall be conducted as may be provided by law. The department may adopt appraisal concepts and acquisition procedures which are appropriate to the evaluation and removal of nonconforming advertising devices.

(2)

Just compensation shall be paid for each lawfully permitted nonconforming advertising device. Where the nonconforming advertising device has been modified with approval of the department, just compensation shall be determined as if no changes had been made, unless the changes shall have resulted in a decrease in value. Just compensation shall be paid for the taking, from the owner of such advertising device, of all right, title, leasehold, and interest in such advertising device and for the taking from the owner of real property on which such advertising device is located and of the right to maintain such advertising device.

(3)

No advertising device shall be required to be removed until the federal share of the compensation required to be paid upon acquisition of such device becomes available to the state. Nothing in this subsection (3) shall be construed to prevent the department from acquiring any advertising device when the federal share of the compensation required to be paid for such device becomes available to the state, and no state funds shall be used to pay just compensation for any advertising device located along a secondary highway in this state until the federal share of such compensation becomes available to the state.

(4)

The department shall promulgate reasonable rules and regulations governing acquisition procedures for the advertising devices, appraisal of advertising devices, and the administration and enforcement of this section. Rules for the appraisal of advertising devices shall take into account normal depreciation.

(5)

Tourist-related advertising devices which comply with the rules and regulations adopted by the department may be exempted from removal under the following conditions:

(a)

Upon receipt of a declaration, resolution, certified copy of an ordinance, or other clear direction from a state agency, board of county commissioners, city and county, municipality, or other governmental agency, which includes or has attached, on forms provided by the department, an analysis of negative economic impacts provided by such entity and which follows the criteria and method of economic analysis established by the department that removal of tourist-related advertising devices in a defined area would work a substantial economic hardship on that defined area, the department shall review the entity’s economic analysis and such defined area. If the department finds that the entity has used the method of economic analysis as prescribed and the entity has determined that the defined area would suffer substantial economic hardship by such removal and that the declaration complies with all applicable rules and regulations, the department shall forward such declaration, resolution, or document and economic analysis with its recommendations to the United States secretary of transportation pursuant to 23 U.S.C. sec. 131(o). Any such declaration, resolution, or document submitted to the department shall further find that such tourist-related advertising devices provide directional information about goods and services in the interest of the traveling public and request the retention by the state in such defined areas of such tourist-related advertising devices.

(b)

Each exempted tourist-related advertising device must comply with requirements of the department concerning the directional contents of the device.

(c)

The department will review and evaluate each defined area at least every three years to determine if each exemption continues to be warranted.

(6)

The provisions of this section shall not be construed to affect the application of any of the provisions of this part 4 to any advertising device until such date as the advertising device is required to be removed under this section. This section is enacted to comply with the requirements of the federal “Highway Beautification Act of 1965”.

Source: Section 43-1-414 — Removal of nonconforming devices, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-43.­pdf (accessed Oct. 20, 2023).

43‑1‑101
Legislative declaration
43‑1‑102
Definitions
43‑1‑103
Department created - executive director
43‑1‑104
Department divisions, sections, and units
43‑1‑105
Powers and duties of the executive director
43‑1‑106
Transportation commission - efficiency and accountability committee - powers and duties - rules - definitions
43‑1‑107
Duties of deputy director
43‑1‑108
Transfer of functions, employees, and property - contracts
43‑1‑109
Chief engineer
43‑1‑110
Powers and duties of the chief engineer - hearings - rule-making
43‑1‑111
Engineer to acquire property
43‑1‑112
Legal services
43‑1‑112.5
Establishment of annual allowable revenues and expenditures by general assembly
43‑1‑113
Funds - budgets - fiscal year - reports and publications
43‑1‑113.5
Creation and administration of transportation infrastructure revolving fund
43‑1‑114
Highway maintenance division - creation
43‑1‑115
Transportation data collection
43‑1‑116
Engineering, design, and construction division - created - duties - environmental justice and equity branch
43‑1‑117
Transportation development division - created - duties - freight mobility and safety branch - repeal
43‑1‑117.5
Transit and rail division - created - powers and duties - pilot project to expand transit - report - repeal
43‑1‑118
Employees - duties
43‑1‑119
Applications for licenses - authority to suspend licenses - rules
43‑1‑120
Bicycle and pedestrian policy - codification - legislative declaration
43‑1‑121
Interstate 70 mountain corridor - recommendation regarding short-term mobility solutions
43‑1‑122
Removal of graffiti from departmental facilities - memorandums of understanding
43‑1‑123
Project closure and project reporting requirements
43‑1‑124
Study of transportation commission districts
43‑1‑125
Motor vehicles used for commercial purposes - stakeholder group - reporting - rules - legislative declaration - definition
43‑1‑126
Public awareness of laws concerning operation of vehicle in vicinity of emergency vehicle
43‑1‑127
Registration of carpooling service internet applications - limitations - disclosure - definitions
43‑1‑128
Environmental impacts of capacity projects - additional requirements - legislative declaration - definitions
43‑1‑129
Road usage charge study - report - repeal
43‑1‑130
Autonomous motor vehicles study - report - repeal
43‑1‑131
Transportation planning study - report - rules
43‑1‑201
Short title
43‑1‑202
Public highways or roads
43‑1‑202.5
Public rights in roads - transfer of right-of-way
43‑1‑202.7
Recording of documents vacating or abandoning a roadway
43‑1‑203
Definitions
43‑1‑204
State highway
43‑1‑205
Offices
43‑1‑207
Petition for acceptance of road as state highway
43‑1‑208
State highway - damages - eminent domain
43‑1‑209
Subsurface support deemed acquired
43‑1‑210
Acquisition and disposition of property - department of transportation renovation fund
43‑1‑210.5
Rights-of-way use by adjacent landowners
43‑1‑211
Department to acquire land - buildings
43‑1‑212
Department - rental agreements
43‑1‑213
Fees and taxes - not reduced
43‑1‑214
Property exempt from taxation
43‑1‑215
Agreements enforceable
43‑1‑216
Notices and tenders by mail
43‑1‑217
Inclusion of streets in highways
43‑1‑218
State and school lands
43‑1‑219
State highway fund - created - state supplementary fund - created
43‑1‑220
Sources of funds - assumption of obligations
43‑1‑221
Proceeds from sale of bonds
43‑1‑222
Cash available for small payments
43‑1‑223
Supervision of construction
43‑1‑224
Cooperation with federal departments
43‑1‑225
Power of transportation commission - relocation of utility facilities - payment of cost
43‑1‑226
Legislative declaration
43‑1‑227
Ten-year plan reporting requirements
43‑1‑401
Short title
43‑1‑402
Legislative declaration
43‑1‑403
Definitions
43‑1‑404
Advertising devices allowed - exception - legislative declaration
43‑1‑405
Informational sites authorized
43‑1‑406
Bonus areas
43‑1‑407
Permits
43‑1‑408
Application for permit - contents - rules
43‑1‑409
Permit term - renewal - fees
43‑1‑410
Denial or revocation of permit or renewal
43‑1‑411
Issuance of permits prohibited - when
43‑1‑412
Notice of noncompliance - removal authorized
43‑1‑413
Nonconforming advertising devices
43‑1‑414
Removal of nonconforming devices
43‑1‑415
Administration and enforcement - authority for agreements - rules
43‑1‑416
Local control of outdoor advertising devices
43‑1‑417
Violation and penalty
43‑1‑418
Outdoor advertising program cost recovery center
43‑1‑419
Scenic byways - Independence pass scenic area highway
43‑1‑420
Specific information signs and tourist-oriented directional signs authorized - rules
43‑1‑501
Legislative declaration
43‑1‑502
Definitions
43‑1‑503
Permits required - exceptions
43‑1‑504
Permits issued - when
43‑1‑505
Permit fees - expiration - renewal
43‑1‑506
Regulations
43‑1‑507
Judicial review
43‑1‑508
Violations - penalties
43‑1‑509
Screening - removal of existing junkyards
43‑1‑601
Transportation services for the elderly and for persons with disabilities
43‑1‑602
Department to promulgate rules
43‑1‑603
Participation of political subdivisions
43‑1‑701
Public transportation projects in nonurbanized areas
43‑1‑702
Rules and regulations
43‑1‑801
State rail plan - administration and implementation - local rail service assistance
43‑1‑802
Financing
43‑1‑803
Authority of executive director - acceptance and conveyance of donated railroad right-of-way - definition
43‑1‑901
Transit planning
43‑1‑902
Rules and regulations
43‑1‑1001
Urban mass transportation grants
43‑1‑1002
Rules and regulations
43‑1‑1101
Legislative declaration
43‑1‑1102
Definitions
43‑1‑1103
Transportation planning
43‑1‑1104
Transportation advisory committee
43‑1‑1105
Metropolitan planning commissions
43‑1‑1201
Definitions
43‑1‑1202
Department powers - definition
43‑1‑1203
Unsolicited and comparable proposals
43‑1‑1204
Public-private initiative agreement - definition
43‑1‑1205
Revenue - disposition - use
43‑1‑1206
Rules
43‑1‑1207
Applicability - public highway use by public and private entities
43‑1‑1209
Notice of investment opportunities
43‑1‑1301
Legislative declaration - intent
43‑1‑1302
Definitions
43‑1‑1303
Duties of the executive director - TLRC approval - property eligible for acquisition
43‑1‑1304
Notice of rail line or right-of-way availability
43‑1‑1305
Acquisition for state rail bank
43‑1‑1306
Disposition of state rail bank property
43‑1‑1307
Powers and duties of the TLRC concerning state acquisition of abandoned railroad rights-of-way
43‑1‑1308
Recommendations and findings of the TLRC
43‑1‑1309
State rail bank fund - creation
43‑1‑1310
Effect of transfer of railroad rights-of-way
43‑1‑1311
Survey required - railroad track removal
43‑1‑1401
Legislative declaration
43‑1‑1402
Definitions
43‑1‑1403
Authority to use a design-build contract process
43‑1‑1404
Criteria
43‑1‑1405
Public notice procedures
43‑1‑1406
General procedures
43‑1‑1407
Stipulated fee
43‑1‑1408
Commission approval required
43‑1‑1409
Rule-making authority
43‑1‑1410
Utility relocation - legislative declaration
43‑1‑1411
Project specific utility relocation agreements
43‑1‑1412
Utility relocation delays
43‑1‑1501
Definitions
43‑1‑1502
Provision of retail and commercial goods and services at transfer facilities on department property
43‑1‑1503
Department transfer facilities - provision of retail and commercial goods and services
43‑1‑1504
Possessory interests in transfer facilities - taxation
43‑1‑1601
Safe routes to school program
43‑1‑1602
Federal funds
43‑1‑1603
Use of funds
43‑1‑1604
Rules
Green check means up to date. Up to date

Current through Fall 2024

§ 43-1-414’s source at colorado​.gov