La. Admin. Code tit. 70 § III-321

Current through Register Vol. 50, No. 11, November 20, 2024

Section III-321 - Relocation and/or Disposal

A. Valuation. This method of junkyard control will be used only as a last resort. Moving costs will be determined by an appraiser or consultant on the basis of information obtained from salvage yard operators, contract carriers, and any other reliable source. The junk owner will be given the opportunity to accompany the appraiser or consultant during his inspection. The maximum moving cost will be that amount which is consistent with the most economical method of disposing of the junk material. All appraisals will be in accordance with state and federal regulations.

B. Negotiations. Negotiations with the owner of property rights involved in the junkyard will be conducted by right-of-way personnel. Negotiations will include a thorough investigation of all claims for compensation made by either the junk owner, the landowner, or any other person. Formal written offers will be made. Such letters will set out the property rights to be acquired or damaged and the amount to be paid therefor. The time allowed for the removal of the junk and other personal property will be negotiated, but the 90-day notice process will be followed. Controls will be established to insure that the junk is not moved to any location which would violate the provisions of the Beautification Act, or any other law or ordinance.

C. Acquisition by Expropriation. If the written offer to any party which has a compensable interest is not accepted within a reasonable time, acquisition by expropriation to acquire the necessary property interest will be initiated by the state.

D. Programming and Authorization of Relocation or Disposal Projects

1. When a project is to be let for the relocation or disposal of non-conforming junkyards along interstate and federal aid primary highways, the beautification and permit engineer will be responsible for determining the scope of the project. The length of a given project will depend upon the number and cost of relocation or disposal of the junkyards.

2. After obtaining a project number from the project control engineer, the beautification and permit engineer will provide the right-of-way section with a list of the junkyards to be relocated or disposed of, their inventory number, location and validation of their legal status. The right-of-way section will then furnish the beautification and permit engineer the junkyard owner, parcel numbers, location of replacement site, if applicable, and the real property interest to be acquired in order to implement the control measures.

3. The federal aid engineer of the project control section will then request federal participation by submitting to the division engineer of the Federal Highway Administration the following information which will be supplied to him by the beautification and permit engineer:

a. the zoning and validation of the legal status of each junkyard on the project;

b. the control measures proposed for each junkyard including, where applicable, information relative to permanent disposal sites to be acquired by the state;

c. the real property interest to be acquired in order to implement the control measures;

d. project and parcel number;

e. landowner;

f. junkyard inventory number;

g. estimated cost.

La. Admin. Code tit. 70, § III-321

Promulgated by the Department of Transportation and Development, Office of Highways, LR 1:447 (October 1975).

AUTHORITY NOTE: Promulgated in accordance with R.S. 48:461-48:461.15.