Local Regulation of Billboards: Settled and Unsettled Legal Issues
Public Deposited- Creator
-
Bluestein, Frayda S.
- Other Affiliation: Local Government and Land Use Law Attorney
- Abstract
- Local ordinances regulating billboards, like other local land use regulations, must strike a balance between achieving a regulatory purpose and minimizing interference with private property rights. Since billboards contain constitutionally protected speech, both commercial and noncommercial, an additional layer of legal principles must be taken into account in developing billboard regulations. In addition, evaluating the impact of regulations on property rights has become complicated and unsettled due to several recent federal court decisions dealing with claims that local regulations containing amortization or removal provisions for nonconforming signs effect an unconstitutional taking of property without compensation. As in any other area of regulation, settled law gives clear guidance to the ordinance drafter; unsettled law makes for difficult drafting and policy decisions. The purpose of this article is to summarize some of the legal issues that have been raised in federal and North Carolina state court cases involving challenges to billboard regulations, to identify some of the issues that appear to be settled, and to discuss some that are not.
- Date of publication
- 1991
- DOI
- Resource type
- Article
- Rights statement
- In Copyright
- Journal title
- Carolina Planning Journal
- Journal volume
- 17
- Journal issue
- 1
- Page start
- 62
- Page end
- 66
- Language
- English
- Digital collection
- Carolina Planning Journal
Relations
- Parents:
- In Collection:
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