State Ex Rel. Department of Highways v. Alper

OPINION

For the third time in just five years, and after two remands to the court below, this court must again consider the application of the so-called “Lady Bird Act” to condemnation proceedings involving billboards.

This matter began in February, 1978, when the Department of Transportation 1 condemned billboards adjacent to Interstate 15 pursuant to the Federal Highway Beautification Act, currently codified at 23 U.S.C. § 131 (1982), and the Nevada Outdoor Advertising Act, NRS 410.220 et seq. Both statutes provide for the removal of billboards adjacent to primary highways. Billboards located…