STRUCTURE AND CONTENT OF STATE ROADSIDE ADVERTISING CONTROL LAWS

A REVIEW IS PRESENTED OF THE HIGHWAY ADVERTISING CONTROL LEGISLATION ADOPTED IN RESPONSE TO FEDERAL URGING. THERE ARE MANY COMMON TRENDS IN THE LEGISLATION, BUT THE PATTERNS OR FORMS VARY WITH EACH STATE. A ZONING APPROACH HAS BEEN PREFERRED OVER THE USE OF EMINENT DOMAIN PROCEDURES AND THE ATTITUDE OF THE COURTS IS GENERALLY SYMPATHETIC TOWARDS USE OF THE POLICE POWER. THERE IS A RIGIDITY ABOUT EMINENT DOMAIN PROCEDURE DUE TO HISTORICAL DEVELOPMENT OF PROPERTY LAW THAT LIMITS ITS USEFULNESS IN HIGHWAY ADVERTISING CONTROL. ELIMINATION OF EXISTING SIGNS SHOULD NO LONGER BE A PROBLEM IF THE LEGISLATIVE PURPOSE IS CLEAR AND THE RELATIONSHIP BETWEEN HIGHWAY TRAVEL AND ADVERTISING CONTROL IS ESTABLISHED. IT IS ANTICIPATED THAT DAY-TO-DAY ENFORCEMENT WILL RELY HEAVILY UPON CRIMINAL SANCTIONS AND SELF HELP WITH THE CUSTOMARY CIVIL ACTIONS BEING RESERVED FOR PROBLEM, UNIQUE, OR TEST CASES. THE CONGRESSIONAL PLAN TO ENCOURAGE THE EARLY ADOPTION OF HIGHWAY ADVERTISING CONTROL HAS PROVED EFFECTIVE. FINANCIAL CONSIDERATIONS SEEM TO HAVE ELIMINATED ANY REAL EXPECTATIONS FOR THE INFORMATIONAL SITE AS A SUBSTITUTE FOR INDISCRIMINATE HIGHWAY ADVERTISING. FEE SCHEDULES TO DEFRAY THE COSTS OF REGULATION ARE NOT ADEQUATE FOR THAT PURPOSE AND SHOULD BE INCREASED.

• Record URL:
  http://onlinepubs.trb.org/Onlinepubs/hrbbulletin/337/337-002.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:
  • Johnson, Delbert W
• 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; Tables;
• Pagination: pp 6-14
• 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; Eminent domain; Financing; Laws; Reviews; Roadside advertising; Zoning
• Uncontrolled Terms: Enforcement
• Subject Areas: Design; Environment; Highways; Law;

Filing Info

• Accession Number: 00204716
• Record Type: Publication
• Files: TRIS, TRB, ATRI
• Created Date: Aug 5 1994 12:00AM