NC General Statutes

N.C. Gen. Stat. § 136-131 (2026)

Removal of existing nonconforming advertising

✓ current as of July 2026

Find cases: SyfertCases citing this section NCLEGncleg.gov (official) JustiaChapter 136 CornellLII Search CasesGoogle Scholar

The Department of Transportation is authorized to acquire by purchase, gift, or condemnation all outdoor advertising and all property rights pertaining thereto which are prohibited under the provisions of G.S. 136-129, 136-129.1 or 136-129.2, provided such outdoor advertising is in lawful existence on the effective date of this Article as determined by G.S. 136-140, or provided that it is lawfully erected after the effective date of this Article as determined by G.S. 136-140.

In any acquisition, purchase or condemnation, just compensation to the owner of the outdoor advertising, where the owner of the outdoor advertising does not own the fee, shall be limited to the fair market value at the time of the taking of the outdoor advertising owner's interest in the real property on which the outdoor advertising is located and such value shall include the value of the outdoor advertising.

In any acquisition, purchase or condemnation, just compensation to the owner of the fee or other interest in the real property upon which the outdoor advertising is located where said owner does not own the outdoor advertising located thereon shall be limited to the difference in the fair market value of the entire tract immediately before and immediately after the taking by the Department of Transportation of the right to maintain such outdoor advertising thereon and in arriving at the fair market value after the taking, any special or general benefits accruing to the property by reason of the acquisition shall be taken into consideration.

In any acquisition, purchase or condemnation, just compensation to the owner of the fee in the real property upon which the outdoor advertising is located, where said owner also owns the outdoor advertising located thereon, shall be limited to the fair market value of the outdoor advertising plus the difference in the fair market value of the entire tract immediately before and immediately after the taking by the Department of Transportation of the right to maintain such outdoor advertising thereon and in arriving at the fair market value after the taking, any special or general benefits accruing to the property by reason of the acquisition shall be taken into consideration. (1967, c. 1248, s. 6; 1973, c. 507, s. 5; 1975, c. 568, ss. 8-10; 1977, c. 464, s. 7.1; 1993, c. 524, s. 3.)

Notes of Decisions

Cited in 11 cases, 1980–2017 · leading case: Dep't of Transp. v. Adams Outdoor Advert. of Charlotte Ltd. P'ship, 804 S.E.2d 486 (N.C. 2017).

Sort: Relevance Newest Treatment

Dep't of Transp. v. Adams Outdoor Advert. of Charlotte Ltd. P'ship, 804 S.E.2d 486 (N.C. 2017). · cites it 20× “N.C. Gen. Stat. § 136-131 specifically addresses the subject matter of the DOT condemning nonconforming outdoor advertising locations.”

Appalachian Poster Advert. Co., Inc. v. Harrington, 460 S.E.2d 887 (N.C. Ct. App. 1995). · cites it 14× “2, provided such outdoor advertising is in lawful existence on the effective date of this Article as determined by G.”

Nat'l Advert. Co. v. North Carolina Dep't of Transp., 478 S.E.2d 248 (N.C. Ct. App. 1996). · cites it 4× “N.C. Gen. Stat. § 136-131 (1993). However, the OACA does not expressly require the DOT to exercise this power.”

R. O. Givens, Inc. v. Town of Nags Head, 294 S.E.2d 388 (N.C. Ct. App. 1982). · cites it 2× “The new section, which expires 30 June 1984, requires that when outdoor advertising is removed just compensation shall be required in accordance with paragraphs (2), (3) and (4) of G.S. 136-131. Language in the bill (House Bill 193) enacted as Chapter 1147 which would have made…”

Dep't of Transp. v. Adams Outdoor Adver. of Charlotte Ltd., 785 S.E.2d 151 (N.C. Ct. App. 2016). · cites it 2× “Independence Boulevard and did not file the action under Article 11 to condemn a nonconforming billboard that violated the OACA. In other words, plaintiff-DOT contends that because the pleadings, consisting of plaintiff-DOT's complaint and defendant's answer, did not expressly…”

Ace-Hi, Inc. v. Dep't of Transp., 319 S.E.2d 294 (N.C. Ct. App. 1984). · cites it 2× “G.S. § 136-131 (1981). It took care to provide an extra measure of judicial review of permit revocations.”

MCC Outdoor, LLC v. Town of Wake Forest, 729 S.E.2d 694 (N.C. Ct. App. 2012). “shall, without the payment of just compensation in accordance with the provisions that are applicable to the Department of Transportation as provided in paragraphs 2, 3, and 4 of G.S. 136-131, remove or cause to be removed any outdoor advertising adjacent to a highway on the…”

Powell v. North Carolina Dep't of Transp., 704 S.E.2d 547 (N.C. Ct. App. 2011). “2); removal of existing non-conforming advertising (§ 136-131); a permitting process (§ 136-133); and judicial review of final administrative decisions (§ 136-134.”

Dep't of Transp. v. Adams Outdoor Advert. of Charlotte Ltd. P'ship, 369 N.C. 62 (N.C. 2016). · cites it 2× “Did the Court of Appeals err in failing to conclude that N.C. Gen. Stat. § 136-131 is the specific and controlling statute in this case involving the condemnation of a billboard location? 2.”

Bracey Advert. Co. v. North Carolina Dep't of Transp., 302 S.E.2d 490 (N.C. Ct. App. 1983). “In acknowledgment that the Department would be faced with nonconforming advertising, G.S. 136-131 provides a means of State removal by “purchase, gift, or condemnation.”

Advert. Co. v. Bradshaw, SEC. of Transp., 268 S.E.2d 816 (1980). “N.C. Gen. Stat. §§ 136-131 and -132 also provide that the Department of Transporation may, after using the procedure for condemnation proceedings, acquire by purchase, gift or condemnation all existing, nonconforming advertising.”

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.