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<br />" <br />. '. <br /> <br />" <br />..~ <br /> <br />- <br /> <br />e <br /> <br />LAW OFFICES OF <br /> <br />PETERSON. BELL Be CONVERSE <br /> <br />1800 AMERICAN NATIONAL. BANK BUILDING <br />101 EAST FIFTH STREET <br /> <br />ST. PAUL. MINNESOTA 55101 <br />224-4703 (612) <br /> <br />ERWIN A. PETERSON <br />ROBERT C, BEL.L <br />WIL.L.ARD L., CONVERSE <br />ROGER A, JENSEN <br />KURT F, WALTHER <br />W. TIMOTHY MALCHOW <br />MARTIN J. COSTELLO <br />DAVID S. ANDERSON <br />JAMES C, ERICKSON <br />WILLIAM M. DRINANE <br /> <br />June 25, 1981 <br /> <br />Mr. Steve North <br />Assistant City Manager <br />City of Rosevil1e <br />2660 Civic Center Drive <br />Roseville, Minnesota 55113 <br /> <br />Re: Advertising Devices Along Interstate Highways <br />Our File No. M 1-599 <br /> <br />Dear Mr. North: <br /> <br />The City Council has asked me to review the recently enacted amendment to the <br />state statutes dealing with ordinances requiring the removal of advertising <br />devices and to comment on the impact of that new statute on the proposed <br />ordinance requiring removal of billboards. <br /> <br />The new statute provides that municipalities may not require the removal of <br />advertising devices without providing for compensation through condemnation <br />under Chapter 117 of the Minnesota Statutes. The statute specifically applies to <br />zoning ordinances requiring the removal of advertising devices. <br /> <br />"Advertising devices" under that statute are defined as: <br /> <br />". . . any billboard, sign, notice, poster, display or other device visible <br />to and primarily intended to advertise and inform or to attract or <br />does attract the attention of operators and occupants of motor <br />vehicles on the interstate system of highwyas shall include any <br />structure erected primarily for use in connection with the display of <br />any such device and all lighting or other attachments used in <br />conenction therewith." <br /> <br />The statute furth~r defines "interstate highway" as: <br /> <br />". . . any highway at any time officially designated as a part of the <br />national system of interstate and defense highways by the commis- <br />sioner of transportation and approved by the appropriate authority of <br />the federal government." <br /> <br />It appears that only billboards visible from I 35E would be affected by the new <br />statute. It is my opinion that if we enforce the new ordinance as to those <br />billboards visible from I 35E, the City will be required to pay just compensation <br /> <br />~@ <br />