N.M. Admin. Code § 18.21.5.33 - REMOVAL OF SIGNS
A.
Compensable signs. Any outdoor advertising device that meets the requirements
of Subsection A of Section
67-12-6 NMSA 1978 may be acquired
by the commission by agreement or condemnation in the manner provided by law,
with just compensation paid pursuant to Subsection B of Section
67-12-6 NMSA 1978.
B. Non-compensable signs. Any outdoor
advertising device, which has been erected or maintained:
(1) in violation of the permit and permit fee
requirements of the Beautification Act or this rule; or
(2) in accordance with all permit and permit
fee requirements of the Beautification Act and this rule, but which violates
the standards, specifications and requirements of the Beautification Act and
this rule; shall be deemed illegal and non-compensable and subject to removal
by the department at the expense of the sign owner pursuant to the provisions
of this section.
C.
Notice. Any such removal under Subsection B of this section shall be preceded
by notice via certified mail, to the owner of the outdoor advertising device
and to the owner of the land upon which the device is located, if known, of the
failure to conform and that if the device is not brought into conformity within
thirty (30) days, the device must be removed within thirty (30) days or will be
subject to removal by the department at the owner's expense. If the defects are
not corrected and the outdoor advertising device is not removed within thirty
(30) days after the date of notice, the department shall revoke the permit and
the sign shall be deemed illegal and non-compensable and subject to removal by
the department at the expense of the sign owner pursuant to the provisions of
this section.
D. State immunity.
Agents or employees of the department who remove illegal outdoor advertising
devices in compliance with the Beautification Act and these rules shall be
immune from criminal prosecution or civil liability for the injury, loss or
destruction of any property which occurs in connection with the
removal.
E. Interference.
Landowners who interfere with the removal of signs from their property,
preventing either the sign owner or the department from removing same, may be
liable for the additional costs of removal associated with the landowner's
interference.
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.