ISSUES AND PROBLEMS OF PROOF IN JUDICIAL REVIEW OF ROADSIDE ADVERTISING CONTROLS

NOVEL AND SIGNIFICANT QUESTIONS OF SUBSTANTATIVE LAW AND EVIDENCE ARE PRESENTED BY CASES INVOLVING JUDICIAL REVIEW OF THE CONSTITUTIONALITY OF LAWS REGULATING OUTDOOR ADVERTISING ALONG THE NATIONAL SYSTEM OF INTERSTATE AND DEFENSE HIGHWAYS. RECENT PROCEEDINGS TO DETERMINE THE CONSTITUTIONALITY OF THE OHIO AND WISCONSIN LAWS REGULATING BILLBOARDS ALONG THEIR SEGMENTS OF THE INTERSTATE SYSTEM MAY WELL BECOME LANDMARK DECISIONS IN AMERICAN HIGHWAY LAW. THE CONSTITUTIONAL CONCEPT OF PROPERTY IS EVOLVING IN SUCH A MANNER AS TO REDUCE THE EXTENT TO WHICH THE RIGHT TO ADVERTISE IS A FORM OF PROPERTY FOR WHICH CONSTITUTIONAL PROTECTION CAN BE CLAIMED. THE COMPLEX ISSUE IS DISCUSSED OF HOW FAR GRANTS-IN-AID ON CONDITIONS MAY GO BEFORE THE VITAL BALANCE OF POWER EXPRESSED IN THE TENTH AMENDMENT IS UPSET. AN EVALUATION OF CURRENT RULES AND METHODS WHICH GOVERN THE PROCESS OF REFINING THEORIES ABOUT ROADSIDE ADVERTISING LAWS INTO ISSUES THAT ARE SUITABLE TO PERMIT JUDICIAL REVIEW EFFECTIVELY SHOWS THE LAW TO BE IN RELATIVELY GOOD SHAPE. IT IS IN RESPECT TO THE PROBLEMS OF PROOF, HOWEVER, THAT COUNCIL AND COURT MAY HAVE TO PREPARE THEMSELVES TO DO A MORE THOROUGH JOB OF ANALYSIS THAN HAS BEEN REVEALED IN THE CASE HISTORIES. IF THE OHIO AND WISCONSIN BILLBOARD CASES REVEAL ANYTHING ABOUT THE CONTINUED EVOLUATION OF LEGAL DOCTRINE RELATING TO CONTROL OF ROADSIDE ADVERTISING, IT IS A CRITICAL NEED FOR MORE AND BETTER EVIDENCE OF THE VARIOUS FACTORS, MANY OF THEM NON-LEGAL IN NATURE.

• Record URL:
  http://onlinepubs.trb.org/Onlinepubs/hrbbulletin/337/337-004.pdf
• Supplemental Notes:
  • Distribution, posting, or copying of this PDF is strictly prohibited without written permission of the Transportation Research Board of the National Academy of Sciences. Unless otherwise indicated, all materials in this PDF are copyrighted by the National Academy of Sciences. Copyright © National Academy of Sciences. All rights reserved.
• Authors:
  • Barrett, Richard E
  • Netherton, Ross D
• Conference:
  • 41st Annual Meeting of the Highway Research Board
  • Location: Washington DC, United States
  • Date: 1962-1-8 to 1962-1-12
• Publication Date: 1962

Media Info

• Media Type: Digital/other
• Features: References;
• Pagination: pp 24-40
• Monograph Title: Control of roadside advertising along the interstate system
• Serial:
  • Highway Research Board Bulletin
  • Issue Number: 337
  • Publisher: Highway Research Board

Subject/Index Terms

• TRT Terms: Control; Evidence; Laws; Legal factors; Real property; Roadside advertising
• Identifier Terms: Interstate Highway System
• Subject Areas: Design; Environment; Highways; Law;

Filing Info

• Accession Number: 00204718
• Record Type: Publication
• Files: TRIS, TRB, ATRI
• Created Date: Aug 5 1994 12:00AM