The Takings Clause in Billboard Control

Abstract

Communities desiring to reduce billboard clutter face a number of legal obstacles, particularly issues of free speech and takings. This Essay focuses on the latter— does the forced removal of billboards after a period of time, a process commonly called amortization, constitute a constitutional “taking” of the outdoor advertising company’s property? Are there other ways to achieve this objective? What legislative impediments have been placed in the path of communities that want to reduce the number of billboards along their streets and highways?

Keywords

Billboards, Land use, Regulatory taking (Law)

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Authors

Charles F. Floyd (The University of Georgia)

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