THE HIGHWAY BEAUTIFICATION ACT OF 1965: A CASE STUDY IN LEGISLATIVE FRUSTRATION

A GROWING NATIONAL CONCERN WITH BILLBOARDS AND OTHER FORMS OF VISUAL POLLUTION RESULTED IN THE FEDERAL HIGHWAY BEAUTIFICATION ACT OF 1965. THIS ARTICLE SUGGESTS THAT THE LEGISTATION HAS HAD LITTLE POSITIVE EFFECT AND MAY ACTUALLY WORK AGAINST HIGHWAY BEAUTIFICATION, WITH TWO FACTORS COMBINING TO TIE THE HANDS OF THOSE STATE LEGISLATURES THAT SEEK TO ELIMATE OR REDUCE THE NUMBER OF BILLBOARDS ON THEIR HIGHWAYS. FIRST, CONGRESS HAS NOT APPROPRIATED ANY FUNDS DURING THE LAST TWO FISCAL YEARS TO ENABLE THE FEDERAL GOVERNMENT TO PAY ITS 75 PERCENT COMMITMENT; AND SECOND, THE "JUST COMPENSATION" PROVISIONS OF THE ACT DIRECTLY CONFLICT WITH THE LAWS OF MANY STATES, WHICH PROVIDE FOR TAKING UNDER THE POLICE POWER. TWO POSSIBLE SOLUTIONS TO THE PROBLEMS ARE SUGGESTED: RESORT TO THE COURTS FOR CLARIFICATION OF AMBIGUITIES IN THE ACT: AND AMENDMENT OF THE ACT BY CONGRESS TO PERMIT THE STATES TO ELECT THEIR OWN TECHNIQUES BY WHICH TO ENFORCE FEDERAL STANDARDS. /AUTHOR/

  • Supplemental Notes:
    • Vol 46, No 3, PP 437-452
  • Corporate Authors:

    N/A

    ,   United States 
  • Authors:
    • Lamm, R D
    • Yasinow, S K
  • Publication Date: 1969

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Filing Info

  • Accession Number: 00204799
  • Record Type: Publication
  • Files: TRIS
  • Created Date: Aug 3 2003 12:00AM