§ 39-216 — Control of advertising visible from main-traveled way; unlawful; when permitted; written lease and permit from Department of Transportation

It shall be unlawful for any person to place or cause to be placed any advertising sign, display, or device which is visible from the main-traveled way of the Highway Beautification Control System or upon land not owned by such person, without first procuring a written lease from the owner of such land and a permit from the Department of Transportation authorizing such display or device to be erected as permitted by the advertising laws, rules, and regulations of this state.

Legislative History

Source: Laws 1972, LB 1181, § 8; Laws 1975, LB 213, § 7; R.S.1943, (1993), § 39-1320.07; Laws 1995, LB 264, § 10; Laws 2017, LB339, § 97. Annotations: An 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).