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Journal Article

Citation

Johnson DW. Highw. Res. Board bull. 1962; 337: 6-14.

Copyright

(Copyright © 1962, National Research Council (U.S.A.), Highway Research Board)

DOI

unavailable

PMID

unavailable

Abstract

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.

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