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68-2231. Declaration of policy. The legislature hereby finds and declares: (a) That outdoor advertising is a legitimate, commercial use of private property adjacent to streets, roads and highways, where such commercial use does not conflict with the lawfully designated use of surrounding property;

(b) that the erection and maintenance of outdoor advertising billboards, signs, displays, and devices in areas adjacent to interstate highways and primary highways should be regulated in order to protect the public investment in such highways, to promote the recreational value of public travel, to preserve natural beauty and to promote the reasonable, orderly and effective display of outdoor advertising;

(c) that outdoor advertising is an integral part of the business and marketing function, and an established segment of the national economy, and should be allowed to operate in business areas, or areas where other commercial use of land is not prohibited, so long as such operation is not in conflict with lawfully imposed restrictions on the use of such areas; and

(d) that the regulatory standards set forth in K.S.A. 68-2234 are consistent with customary use in this state and will properly and adequately carry out each and all of the purposes of this act; and that more severe restrictions should be imposed only when necessary to protect the lawful objectives and purposes of the people of this state or of any community of people therein.

History: L. 1972, ch. 251, § 1; L. 1973, ch. 272, § 1; July 1.

Source or Prior Law:

68-2216.

Attorney General's Opinions:

Authority of city to regulate signs and billboards on private property; conflict with state and federal laws. 96-22.

CASE ANNOTATIONS

1. Act does not regulate noncommercial speech and noncommercial signs; no conflict with First Amendment to U.S. Constitution. Roberts Enterprises, Inc. v. Secretary of Transportation, 237 Kan. 276, 280, 284, 699 P.2d 479 (1985).


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