28-7942. Junkyards; screening; relocation; rules

A. If it is considered feasible by the director, the director may screen a junkyard that is in existence on July 1, 1974, that is located within one thousand feet of the nearest edge of the right-of-way of the interstate or primary systems and that is visible from the main traveled way of the interstate or primary systems. The screening shall be at locations on the right-of-way so that the junkyard is not visible from the main traveled way of the interstate or primary systems.

B. If the director determines that the topography of the land adjoining the interstate or primary systems does not permit adequate screening of the junkyards or that the screening would not be economically feasible, the director may require the relocation, removal or disposal of the junkyard and its junk by agreement, purchase, exchange or eminent domain or may acquire the junkyard and its junk by gift or other lawful means. If the director determines that it is in the best interest of this state, the director may acquire in the name of this state the land or an interest in the land that is necessary to accomplish the purposes of this article.

C. The owner of a junkyard that is located within one thousand feet of the nearest edge of the right-of-way of the interstate or primary system and that is visible from the main traveled way of the system whose property is taken in eminent domain is entitled to the payment of damages and to applicable relocation assistance payments, except that the owner is not entitled to the payments if the junkyard was established after May 11, 1971 unless the junkyard did not constitute a public nuisance pursuant to this article when it was established and was not otherwise unlawfully established in violation of municipal or county ordinances.

D. The director shall adopt and enforce rules governing the location, planting, construction and maintenance, including the materials used, in screening junkyards as required under this article.

E. This section does not apply to a junkyard that is operated in an area adjacent to an interstate or primary system, that is within one thousand feet of the nearest edge of the right-of-way and that is within an area zoned for industrial use or within an unzoned industrial area.