39-222 Control of advertising outside of right-of-way; eminent domain; authorized. - Nebraska Statutes

State Codes and Statutes

Statutes > Nebraska > Chapter39 > 39-222

39-222. Control of advertising outside of right-of-way; eminent domain; authorized.Sections 39-212 to 39-221 shall not be construed to prevent the Department of Roads from (1) exercising the power of eminent domain to accomplish the removal of any sign or signs or (2) acquiring any interest in real or personal property necessary to exercise the powers authorized by such sections whether within or without zoned or unzoned commercial or industrial areas. SourceLaws 1972, LB 1181, § 12; Laws 1994, LB 848, § 5; R.S.Supp.,1994, § 39-1320.11; Laws 1995, LB 264, § 16. AnnotationsAn injunction may properly be entered to require compliance with the statute making it unlawful to erect or maintain advertising signs along highways prior to determination of whether there is a right to damages resulting from application of the statute. State v. Mayhew Products Corp., 204 Neb. 266, 281 N.W.2d 783 (1979).Sections 39-1320 to 39-1320.11 constitute a reasonable and valid exercise of the police power which bears a substantial relation to the public health, safety, and general welfare, and are constitutional. State v. Mayhew Products Corp., 204 Neb. 266, 281 N.W.2d 783 (1979).

State Codes and Statutes

Statutes > Nebraska > Chapter39 > 39-222

39-222. Control of advertising outside of right-of-way; eminent domain; authorized.Sections 39-212 to 39-221 shall not be construed to prevent the Department of Roads from (1) exercising the power of eminent domain to accomplish the removal of any sign or signs or (2) acquiring any interest in real or personal property necessary to exercise the powers authorized by such sections whether within or without zoned or unzoned commercial or industrial areas. SourceLaws 1972, LB 1181, § 12; Laws 1994, LB 848, § 5; R.S.Supp.,1994, § 39-1320.11; Laws 1995, LB 264, § 16. AnnotationsAn injunction may properly be entered to require compliance with the statute making it unlawful to erect or maintain advertising signs along highways prior to determination of whether there is a right to damages resulting from application of the statute. State v. Mayhew Products Corp., 204 Neb. 266, 281 N.W.2d 783 (1979).Sections 39-1320 to 39-1320.11 constitute a reasonable and valid exercise of the police power which bears a substantial relation to the public health, safety, and general welfare, and are constitutional. State v. Mayhew Products Corp., 204 Neb. 266, 281 N.W.2d 783 (1979).

State Codes and Statutes

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State Codes and Statutes

Statutes > Nebraska > Chapter39 > 39-222

39-222. Control of advertising outside of right-of-way; eminent domain; authorized.Sections 39-212 to 39-221 shall not be construed to prevent the Department of Roads from (1) exercising the power of eminent domain to accomplish the removal of any sign or signs or (2) acquiring any interest in real or personal property necessary to exercise the powers authorized by such sections whether within or without zoned or unzoned commercial or industrial areas. SourceLaws 1972, LB 1181, § 12; Laws 1994, LB 848, § 5; R.S.Supp.,1994, § 39-1320.11; Laws 1995, LB 264, § 16. AnnotationsAn injunction may properly be entered to require compliance with the statute making it unlawful to erect or maintain advertising signs along highways prior to determination of whether there is a right to damages resulting from application of the statute. State v. Mayhew Products Corp., 204 Neb. 266, 281 N.W.2d 783 (1979).Sections 39-1320 to 39-1320.11 constitute a reasonable and valid exercise of the police power which bears a substantial relation to the public health, safety, and general welfare, and are constitutional. State v. Mayhew Products Corp., 204 Neb. 266, 281 N.W.2d 783 (1979).