Legal Opinion
State Highway Department v. Branch
Supreme Court of Georgia
Decided November 23, 1966No. 23774PublishedCited by 12 opinions
1Opinion of the Court
Duckworth, Chief Justice.
The enactment of the so-called Outdoor Advertising Control Act (Ga. L. 1964, p. 128) was purely a legislative exercise in futility. Its sole purpose is to dictate, control and limit uses of private property for public purpose, without a semblance of provision for first paying for such taking or damaging. Anyone able and willing to read the Fifth Amendment (Code § 1-805), which provides “nor shall private property be taken for public use without just compensation,” the Fourteenth Amendment (Code § 1-815) which provides, “nor shall any State deprive any person of life,…
2Cases cited1 opinion
- Botts v. Southeastern Pipe-Line Co.Supreme Court of Georgia · 1940
3Cited by12 opinions
- Markham Advertising Co. v. StateWashington Supreme Court · 1968
- Walker v. State, Dept. of Transp.District Court of Appeal of Florida · 1979
- GEORGIACARRY.ORG, INC. v. ATLANTA BOTANICAL GARDENS, INCSupreme Court of Georgia · 2019
- Howard v. State Department of Highways of ColoradoCourt of Appeals for the Tenth Circuit · 1973
- Lamar Advertising of South Georgia, Inc. v. City of AlbanySupreme Court of Georgia · 1990
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