00238837

Component

ALTHOUGH SECRETARY VOLPE HAS SAID THAT "THE FEDERAL GOVERNMENT HAS COME TOO FAR...AND MADE TOO MANY PROMISES TO TURN BACK," THE HIGHWAY BEAUTIFICATION PROGRAM IS LAGGING BECAUSE IT HAS NOT BEEN ADEQUATELY FUNDED. ACCORDINGLY, DOT HAS PROPOSED TO CONGRESS A NINE-POINT LEGISLATIVE PROGRAM TO IMPLEMENT THE 1958 AND 1965 ACTS RELATING TO BEAUTIFICATION. (1) THE HIGHWAY TRUST FUND SHOULD FINANCE LEGAL SIGN ACQUISITION BY EMINENT DOMAIN. (2) THE PROGRAM SHOULD BE EXTENDED 5-6 YEARS TO ACQUIRE ALL SIGNS IN AREAS NOW CONTROLLED BY LAW. (3) BONUS PROVISIONS SHOULD BE CONTINUED SO AS NOT TO PENALIZE 25 STATES THAT HAVE TAKEN ADVANTAGE OF THE 1958 LAW. (4) PENALTY PROVISIONS OF THE HIGHWAY BEAUTIFICATION ACT SHOULD BE RESTRUCTURED, FIRST TO REFLECT FUNDING REALITIES AND SECOND TO ESTABLISH A PROGRESSIVE, IRONCLAD, UNAPPEALABLE SYSTEM (1% OF A STATE'S APPORTIONMENT THE FIRST YEAR ON UP TO 10% IN THE TENTH). (5) REGARDLESS OF WHETHER THEY ARE OUTSIDE THE 660 FOOT LIMIT ESTABLISHED BY LAW, SIGNS SHOULD BE PROHIBITED THAT ARE VISIBLE FROM THE MAIN TRAVELLED WAY OF INTERSTATE AND PRIMARY SYSTEM HIGHWAYS. (6) REQUIREMENTS FOR MANDATORY JUST COMPENSATION SHOULD BE CONTINUED. (7) THE PROGRAM SHOULD BE ADMINISTERED FLEXIBLY, TO TAKE INTO ACCOUNT FISCAL NEEDS OF THE STATES. (8) DOT SHOULD BE ALLOWED TO EXPERIMENT WITH NEWER AND LESS COSTLY WAYS OF CONTROLLING OUTDOOR ADVERTISING; TOURIST-ORIENTED ADVERTISING MUST NOT BE PUT OUT OF BUSINESS; THERE MAY BE FEDERAL PARTICIPATION IN THE CONSTRUCTION OF INFORMATION CENTERS IN REST AND RECREATIONAL AREAS. (9) THE STAGGERED PENALTY SYSTEM FOR BILLBOARDS SHOULD BE EXTENDED TO JUNKYARDS.

8 pp

1970

Ninth Annual Workshop on Highway Law

Advertising; Beautification; Eminent domain; Financing; Highways; Junkyards; Laws; Penalties; Roadside advertising; Signs; Tourists

Highway Trust Fund

Design; Economics; Environment; Highways; Law; Maintenance and Preservation; Society

TRIS, TRB

Aug 16 2004 6:52AM

• AN ATTORNEY GENERAL LOOKS AT THE HIGHWAY CONDEMNATION LAW
• CONTROL OF ENCROACHMENTS THROUGH THE COMMON LAW THEORY OF NUISANCES
• ENVIRONMENTAL ISSUES IN HIGHWAY LAW
• EQUAL EMPLOYMENT OPPORTUNITY AND THE PHILADELPHIA PLAN
• FIRST-HAND REPORT PREPARED FOR THE NINTH ANNUAL WORKSHOP ON HIGHWAY LAW
• OPERATIONAL PROBLEMS IN RELOCATION ASSISTANCE
• THE LAW OF FIXTURES IN CONDEMNATION