§ 27-74-407 — Screening and removal - Compensation

(a) (1) The screening of any junkyard by natural objects, plantings, fences, or other appropriate means, so as not to be visible from the main-traveled way of any interstate or primary state highway, may be required by: (A) The State Highway Commission; or (B) The circuit court of the county in which all or part of a junkyard or automobile graveyard is situated upon application by a city or county. (2) The removal from sight of any junkyard not so screened that is visible from the main-traveled way of the interstate or primary state highway may be required by: (A) The commission; or (B) The circuit court of the county in which all or part of a junkyard or automobile graveyard is situated upon application by a city or county. (b) When the commission determines that the topography of the land will not permit adequate screening or that the screening would not be economically feasible, then just compensation shall be paid for the relocation, removal, or disposal of the following junkyards: (1) Those lawfully in existence on October 22, 1965; (2) Those lawfully along any highway in this state made a part of the state highway system on or after October 22, 1965, and before June 29, 1967; and (3) Those lawfully established on or after June 29, 1967. (c) The commission is: (1) Given the option of relocation, removal, or disposal of affected junkyards; and (2) Also authorized to make such payments when in the best interests of the state. (d) No compensation shall be paid for the relocation, removal, or disposal of any junkyards except those enumerated in this section.

Legislative History

Acts 1967, No. 640, Art. 2, § 5; A.S.A. 1947, § 76-2517; Acts 2005, No. 2147, § 3.