(a) The commissioner is authorized to acquire by purchase, gift, or condemnation, and to pay just compensation upon the removal of the following outdoor advertising in areas adjacent to the interstate and primary highway systems:

(1) Those lawfully in existence on April 4, 1972; and

(2) Those lawfully erected on or after April 4, 1972.

(b)

(1) Compensation is authorized to be made only for the following:

(A) The taking from the owner of the outdoor advertising of all right, title, leasehold and interest in the outdoor advertising; and

(B) The taking from the owner of the real property on which the outdoor advertising is located, of the right to erect and maintain the signs, displays and devices on the property.

(2) If funds other than federal funds are used, the state shall follow the following order of purchasing priorities:

(A) Volunteer nonconforming devices;

(B) Hardship situations;

(C) Normal value signs;

(D) Signs in areas that are designated scenic or parkway;

(E) Product advertising on:

(i) Rural interstate;

(ii) Rural primary; and

(iii) Urban areas;

(F) Non-tourist oriented directional advertising; and

(G) Tourist oriented devices.

(3) All funds other than federal funds, acquired by the state from whatever source for the purpose of acquiring nonconforming structures, shall be appropriated by the general assembly to the department and shall not be earmarked for acquisitions at any particular location.

(4) Funds obtained from private sources not appropriated within one (1) year shall revert to the donor.

(5) Upon funds being made available, owners of outdoor advertising structures shall be notified of the availability of the funds for the purpose of volunteering nonconforming structures for purchase by the state.

(c) Upon the request of the commissioner, the owner of the outdoor advertising and the owner of the property upon which the outdoor advertising is located, who are seeking compensation as provided under subdivisions (b)(1)(A) and (B) shall present evidence satisfactory to the commissioner that the outdoor advertising in question was in existence or lawfully erected, as the case may be, on, before, or after the appropriate dates set out in subdivisions (a)(1) and (2). No payment shall be made by the commissioner under subdivisions (b)(1)(A) and (B) until the proof has been presented except by court order. Notwithstanding any other provisions of this chapter, those signs legally in existence on April 4, 1972, shall be entitled to remain in place and in use until compensation for removal has been made as provided in this section.

(d) In determining whether any outdoor advertising is lawful or unlawful, any failure to have obtained a license or permit, or to have attached a permit, or failure to have complied with setback requirements shall not be a cause for declaring any outdoor advertising unlawful. Any person having constructed, erected, operated, used, maintained or having caused or permitted any outdoor advertising sign to be constructed, erected, operated, used, or maintained, shall pay the fee prescribed by § 54-21-104; provided, that the outdoor advertising was erected prior to April 4, 1972.