O.C.G.A.
O.C.G.A.

O.C.G.A. § 32-6-83 (2019)

Acquisition by municipal corporation or county of outdoor advertising which does not comply with requirements of applicable ordinances, regulations, or resolutions

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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Any municipal corporation or county is authorized to acquire by purchase, gift, or condemnation and to pay just compensation for any property rights in outdoor advertising signs, displays, and devices which were lawfully erected but which do not conform with the provisions of any lawful ordinance, regulation, or resolution or which at a later date fail to comply with the provisions of any lawful ordinance, regulation, or resolution due to changed conditions beyond the control of the sign owner. No municipal corporation or county shall remove or cause to be removed any such nonconforming outdoor advertising sign, display, or device without paying just compensation. Such compensation shall be paid in accordance with the conditions stated in Code Section 32-6-84. For the purposes of this Code section, the term ‘‘devices’’ means light, lighting fixtures, or other fixtures which are permanently attached to an advertising sign or display.

History

Ga. L. 1967, p. 423, § 8; Code 1933, § 95A-923.1, enacted by Ga. L. 1979, p. 803, § 1.

Annotations

Law reviews. - For article surveying

legislative and judicial developments in Georgia local government law for 1978-79, see 31 Mercer L. Rev. 155 (1979).

JUDICIAL DECISIONS County ordinance violated O.C.G.A. § 32-6-83 since the ordinance provided that a nonconforming sign damaged by weather or an act of God could not be repaired or reerected. State v. Hartrampf, 273 Ga. 522, 544 S.E.2d 130 (2001). Just compensation. - County sign ordinance was unconstitutional since the ordinance conflicted with O.C.G.A. § 32-6-83 requiring the payment of just compensation after the county acquired

an owner’s property rights when an advertiser attempted to repair a nonconforming outdoor advertising sign damaged by a tornado and the ordinance contained no provision for paying compensation. Thus, the trial court’s grant of summary judgment for the county was erroneous when the county failed to pay the advertiser just compensation for taking of the advertiser’s sign. Outdoor Sys. v. Cobb County, 274 Ga. 611, 555 S.E.2d 435 (2001).

RESEARCH REFERENCES ALR. - Municipal power as to billboards and outdoor advertising, 58 A.L.R.2d 1314. Municipality’s power to permit private

owner to construct building or structure overhanging or crossing the air space above public street or sidewalk, 76 A.L.R.2d 896.

Notes of Decisions
Cited in 2 cases, 2001–2001 · leading case: Outdoor Sys., Inc. v. Cobb Cnty., 555 S.E.2d 689 (Ga. 2001).
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Outdoor Sys., Inc. v. Cobb Cnty., 555 S.E.2d 689 (Ga. 2001). · cites it 68× “Outdoor contends that summary judgment was erroneous because § 134-346 conflicts with OCGA § 32-6-83 and is, therefore, void and unenforceable under Art.”
State v. Hartrampf, 544 S.E.2d 130 (Ga. 2001). · cites it 14× “This appeal is controlled by the language of OCGA § 32-6-83. That Code section provides in pertinent part that [a]ny .”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.