No municipal, county or local zoning authority or any other political subdivision of the state shall remove or cause to be removed any lawfully erected and maintained advertising structure without paying just compensation. As used in this act [this section], "advertising structure" means and includes any outdoor sign, display, figure, painting, poster, billboard or similar thing designed, intended or used to advertise or inform the public of goods or services sold either on or off the premises where the advertising structure is located.
History: Laws 1981, ch. 284, § 1.
ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Constitutionality. — This section does not violate N.M. Const., art. IV, § 24, as it does not constitute a prohibited "special law" by granting special rights to sign owners as compared to other property owners whose property is caused to be removed by operation of a local zoning ordinance. Battaglini v. Town of Red River, 1983-NMSC-067, 100 N.M. 287, 669 P.2d 1082.
Regulation of outdoor advertising valid. — Municipal regulation of outdoor advertising for aesthetic and safety purposes, as manifested in a sign ordinance, constitutes a valid exercise of the police power, as that power is derived from authority granted by the state. Battaglini v. Town of Red River, 1983-NMSC-067, 100 N.M. 287, 669 P.2d 1082.
Granting of amortization period does not constitute "paying just compensation" as required by this section. Battaglini v. Town of Red River, 1983-NMSC-067, 100 N.M. 287, 669 P.2d 1082.
Unlawfully erected signs not compensable. — This section does not authorize payment of compensation for the removal of unlawfully erected signs. City of Albuquerque v. Jackson, 1984-NMCA-062, 101 N.M. 457, 684 P.2d 543.
Sign not lawful though regulating ordinance held unconstitutional in separate case. — Defendant charged with violations of local sign ordinance could not rely on a judgment pending appeal in a separate case which held the ordinance unconstitutional, since city's appeal of judgment automatically stayed that court's decision; thus, his sign that did not comply with the ordinance was not lawfully erected. City of Albuquerque v. Jackson, 1984-NMCA-062, 101 N.M. 457, 684 P.2d 543.