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55 California Attorney General Reports and Opinions 1 (1972)

handle is hein.sag/sagca0055 and id is 1 raw text is: OPINIONS
OF THE
ATTORNEY GENERAL
OF CALIFORNIA
Volume 55
Opinion No 71-102-January 11, 1972
SUBJECT: CONTROL BY COUNTY OF ADVERTISING DISPLAYS ADJA-
CENT TO HIGHWAYS-Section 131 of Title 23 of the United States Code
does not prohibit a county from adopting zoning ordinances removing certain
advertising displays without payment of compensation. However, a county
may not adopt an ordinance which would result in a 10 percent reduction
of federal highway funds to which the state would otherwise be entitled under
the Federal-Aid Highway Act of 1956.
Requested by: COUNTY COUNSEL, SACRAMENTO COUNTY
Opinion by: EVELLE J. YOUNGER, Attorney General
Richard D. Martland, Deputy
The Honorable John B. Heinrich, County Counsel, Sacramento County, has
requested our opinion on the following question:
Does Section 131, Title 23, United States Code, providing for the control
of advertising displays adjacent to highways within the interstate and primary
highway systems, prohibit the county from adopting a zoning ordinance requiring
removal of the class of advertising displays covered by said section without payment
of compensation?
The conclusion is:
Section 131, Tide 23, United States Code, does not prohibit the county from
adopting a zoning ordinance requiring removal of the class of advertising displays
covered by said section without payment of compensation. However, the California
Outdoor Advertising Act (Business and Professions Code § 5200, et seq.) prohibits
1

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