§ 8-23-20.5-3 — Special exception or variance; compensation by county or municipality; eminent domain action

Indiana § 8-23-20.5-3

• Jurisdiction: Indiana
• Art. 23: INDIANA DEPARTMENT OF
• Ch. 20.5: Relocation of Conforming Billboards

Text

(a) If a county or municipality either:
(1) subject to IC 8-23-20-10, does not amend its zoning ordinance
as necessary to provide for a special exception to the zoning
ordinance for the relocation of an outdoor advertising sign; or
(2) does not approve a variance to the zoning ordinance filed by
the outdoor advertising sign's owner that conforms to the filing
requirements;
the county or municipality that did not approve the relocation of the
outdoor advertising sign within the market area is responsible for the
payment of full and just compensation for the outdoor advertising sign
under IC 8-23-20-27, including any costs and fees associated with a
variance application, if applicable, to the outdoor advertising sign's
owner.
(b) A county or municipality's consideration of a special exception
or variance may not be a basis to delay the appointment of appraisers
under IC 32-24-1-9.
(c) If a county or municipality has not approved the relocation of an
outdoor advertising sign located within its jurisdiction before the date
an action under IC 32-24 is filed, the county or municipality must be
named as a party to the action.

Legislative History

As added by P.L.97-2022, SEC.4. Amended by P.L.201-2023, SEC.116.