[Code of Federal Regulations]
[Title 23, Volume 1]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 23CFR750.305]

[Page 363-364]
 
                           TITLE 23--HIGHWAYS
 
 CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
 
PART 750_HIGHWAY BEAUTIFICATION--Table of Contents
 
 Subpart D_Outdoor Advertising (Acquisition of Rights of Sign and Sign 
                              Site Owners)
 
Sec. 750.305  Federal participation.

    (a) Federal funds may participate in:
    (1) Payments made to a sign owner for his right, title and interest 
in a sign, and where applicable, his leasehold value in a sign site, and 
to a site owner for his right and interest in a site, which is his right 
to erect and maintain the existing nonconforming sign on such site.
    (2) The cost of relocating a sign to the extent of the cost to 
acquire the sign, less salvage value if any.
    (3) A duplicate payment for the site owner's interest of $2,500 or 
less because of a bona fide error in ownership, provided the State has 
followed its title search procedures as set forth in its policy and 
procedure submission.
    (4) The cost of removal of signs, partially completed sign 
structures, supporting poles, abandoned signs and those which are 
illegal under State law within the controlled areas, provided such costs 
are incurred in accordance with State law. Removal may be by State 
personnel on a force account basis or by contract. Documentation for 
Federal participation in such removal projects should be in accord with 
the State's normal force account and contractual reimbursement 
procedures. The State should maintain a record of the number of signs 
removed. These data should be retained in project records and reported 
on the periodic report required under Sec. 750.308 of this regulation.

[[Page 364]]

    (5) Signs materially damaged by vandals. Federal funds shall be 
limited to the Federal pro-rata share of the fair market value of the 
sign immediately before the vandalism occurred minus the estimated cost 
of repairing and reerecting the sign. If the State chooses, it may use 
its FHWA approved nominal value plan procedure to acquire these signs.
    (6) The cost of acquiring and removing completed sign structures 
which have been blank or painted out beyond the period of time 
established by the State for normal maintenance and change of message, 
provided the sign owner can establish that his nonconforming use was not 
abandoned or discontinued, and provided such costs are incurred in 
accordance with State law, or regulation. The evidence considered by the 
State as acceptable for establishing or showing that the nonconforming 
use has not been abandoned or voluntarily discontinued shall be set 
forth in the State's policy and procedures.
    (7) In the event a sign was omitted in the 1966 inventory, and the 
State supports a determination that the sign was in existence prior to 
October 22, 1965, the costs are eligible for Federal participation.
    (b) Federal funds may not participate in:
    (1) Cost of title certificates, title insurance, title opinion or 
similar evidence or proof of title in connection with the acquisition of 
a landowner's right to erect and maintain a sign or signs when the 
amount of payment to the landowner for his interest is $2,500 or less, 
unless required by State law. However, Federal funds may participate in 
the costs of securing some lesser evidence or proof of title such as 
searches and investigations by State highway department personnel to the 
extent necessary to determine ownership, affidavit of ownership by the 
owner, bill of sale, etc. The State's procedure for determining evidence 
of title should be set forth in the State's policy and procedure 
submission.
    (2) Payments to a sign owner where the sign was erected without 
permission of the property owner unless the sign owner can establish his 
legal right to erect and maintain the sign. However, such signs may be 
removed by State personnel on a force account basis or by contract with 
Federal participation except where the sign owner reimburses the State 
for removal.
    (3) Acquisition costs paid for abandoned or illegal signs, potential 
sign sites, or signs which were built during a period of time which 
makes them ineligible for compensation under 23 U.S.C. 131, or for 
rights in sites on which signs have been abandoned or illegally erected 
by a sign owner.
    (4) The acquisition cost of supporting poles or partially completed 
sign structures in nonconforming areas which do not have advertising or 
informative content thereon unless the owner can show to the State's 
satisfaction he has not abandoned the structure. When the State has 
determined the sign structure has not been abandoned, Federal funds will 
participate in the acquisition of the structure, provided the cost are 
incurred in accordance with State law.