Georgia § 32-6-70 - Declaration of policy.

§ 32-6-70. Declaration of policy.

The General Assembly declares it to be the policy of this state that the erection or maintenance of outdoor advertising in areas adjacent to the rights of way of roads of the state highway system, which roads are also a part of the interstate and primary systems of highways within the state, shall be regulated in accordance with the terms of this part and the regulations promulgated by the commissioner pursuant thereto and that all outdoor advertising which does not conform to the requirements of this part is a public nuisance. The General Assembly recognizes that the outdoor advertising industry is a bona fide commercial function. However, in no manner shall any outdoor advertising sign be defined as a commercial or industrial activity or be used for the purposes of administering this part. It is the intention of the General Assembly to provide a statutory basis for the regulation of outdoor advertising, such basis to be consistent with the public policy relating to areas adjacent to roads of the state highway system which also form a part of the interstate and primary systems of highways declared by the Congress in Title 23, Section 103, United States Code. The General Assembly further declares it to be the policy of this state to avert substantial economic hardship by the retention, in specific areas defined by the board, upon request made by the Department of Transportation and approved by the United States Secretary of Transportation, of directional signs, displays, and devices which were lawfully erected under state law in force at the time of their erection, which were in existence on May 5, 1976, and which do not conform to the requirements of paragraphs (1) through (5) of Code Section 32-6-72 and paragraphs (1) through (3) of Code Section 32-6-73, where it can be demonstrated that such signs, displays, and devices (1) provide directional information about goods and services in the specific interest of the traveling public and (2) are such that removal would work a substantial economic hardship in such defined area. (Ga. L. 1967, p. 423, § 1; Ga. L. 1971, Ex. Sess., p. 5, § 1; Code 1933, § 95A-913, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 1979, p. 1086, § 1; Ga. L. 1980, p. 1017, § 1; Ga. L. 1996, p. 6, § 32.) Law reviews. - For article, "Recommendations Regarding Control of Outdoor Advertising Along the Interstate Highway System in Georgia," see 14 Mercer L. Rev. 308 (1963). For annual survey on business corporations, see 64 Mercer L. Rev. 61 (2012). For annual survey on administrative law, see 70 Mercer L. Rev. 1 (2018). For note, "Regulation and Ownership of the Marshlands: The Georgia Marshlands Act," see 5 Ga. L. Rev. 563 (1971). For comment on State Hwy. Dep't v. Branch, 222 Ga. 770 , 152 S.E.2d 372 (1966), discussing regulation of outdoor advertising and billboards as a constitutional "taking," see 18 Mercer L. Rev. 499 (1967).