Or. Admin. Code § 734-059-0030

Current through Register Vol. 63, No. 12, December 1, 2024

Section 734-059-0030 - Compensation Defined

(1) As used in OAR chapter 734, division 059, unless the context of the rule requires otherwise, compensation means the exchange of something of value. It includes, without limitation, money, securities, real property interest, personal property interest, barter of goods or services, promise of future payment, or forbearance of debt.

(2) Compensation does not include:

(a) Goodwill;

(b) The exchange of a de minimis value in relation to the benefit acquired. When an exchange of substantial value is for a purpose other than posting of a sign on the land, and a negligible amount of value is added for the sake of a sign as an accessory to that purpose, the Department may consider that a de minimis amount that does not constitute compensation for purposes of ORS 377.710(20).

(c) An exchange of value that a land owner (or other person with a right to possession of the land) provides to a sign company when:

(A) The compensation to the sign company is only for sign structure construction or maintenance on behalf of the land owner; and

(B) The land owner fully controls the content of the sign.

(3) In all cases the Department shall consider the totality of the circumstances, including without limitation, whether the compensation arrangement is reasonable and credible.

Or. Admin. Code § 734-059-0030

HWD 5-2007(Temp), f. & cert. ef. 7-19-07 thru 1-14-08; HWD 8-2007, f. & cert. ef. 12-24-07

Stat. Auth: ORS 184.616, 184.619, 377.710, 377.720

Stats. Implemented: ORS 377.710, 377.720