Or. Admin. Code § 734-064-0010

Current through Register Vol. 63, No. 10, October 1, 2024

Section 734-064-0010 - Definitions

As used in these division 64 rules, the following definitions will apply:

(1) "Comparable Location" means a location for an Outdoor Advertising Sign ("OAS") that:

(a) Is on the same parcel of land or another parcel of land within the same market area with a similar Average Daily Traffic count, or in a similar market area acceptable to the Department of Transportation ("Department") and the OAS Owner, and

(b) Has the same or similar visibility within 500 feet of the original sign at the official milepoint of the intended highway as determined by the Department.

(2) "Comparable Sale" means the sale of an OAS that a Specialist Appraiser has determined to have enough similar characteristics to the subject OAS to be included in the compensation determination of the subject OAS in their appraisal of a Partial or Total Loss.

(3) "Compensation" means any payment to the OAS Owner as a result of a Partial or Total Loss to the OAS under this rule, and includes relocation payments and other in-kind value, or a combination of payments and in-kind value equal to the compensation due.

(4) "Department" means the Oregon Department of Transportation.

(5) "Full Compensation" means the Compensation for a Total Loss of an OAS and is the value of that OAS that would be paid by a willing buyer to a willing seller on the open market, and includes the sign structure and permit, less the salvage value of the OAS.

(6) "Highway Project" means a new highway construction project which is supervised by the Department, and a construction project which is delivered by the Department on a state highway, including interstate highways. This does not include any Department of Transportation involvement in local agency projects.

(7) "OAS Owner" means the owner of the OAS structure and permit.

(8) "Outdoor Advertising Sign" or "OAS" means a sign structure as defined in ORS 377.710(21) that is permitted through ODOT.

(9) "Partial Loss"

(a) Means that due to a Highway Project:

(A) The face(s) of the OAS is substantially but not totally blocked in its current location; or

(B) The replacement location for the OAS is not a Comparable Location.

(b) Partial Loss is not the temporary blocking of the face(s) of an OAS during construction of the Highway Project, or the need for temporary removal of an OAS if the OAS can be replaced in its current location following completion of the Highway Project.

(10) "Partial Compensation" means the Compensation for a Partial Loss of an OAS and is the difference between the market value of the OAS before the Highway Project and the market value of the OAS after the Highway Project, as relocated to less than a Comparable Location or substantially blocked.

(11) "Specialist Appraiser" means state certified appraiser or state licensed appraiser under ORS 674.010 with experience in valuing an OAS.

(12) "Total Loss"

(a) Means that due to a Highway Project the OAS is unable to be relocated and either:

(A) Must be permanently removed from its location; or

(B) That the face(s) of the OAS would be totally blocked in its current location.

(b) Total Loss is not the temporary blocking of the face(s) of an OAS during construction of the Highway Project, or the need for temporary removal of an OAS, if the OAS can be replaced in its current location following completion of the Highway Project.

Or. Admin. Code § 734-064-0010

HWD 7-2019, adopt filed 11/26/2019, effective 11/27/2019

Statutory/Other Authority: ORS 184.619, 377.729, 377.730, 377.735, 377.737, 377.753 & 377.759

Statutes/Other Implemented: ORS 377.700, 377.725 & 377.756