ELR Citation: ELR 20469
No(s). 13767 (Cal. Ct. App. Nov 20, 1973)

The Court of Appeals for the 3rd District of California affirms summary judgment forcing removal of a billboard as a public nuisance in violation of the Outdoor Advertising Act. Despite the fact that the billboard was constructed prior to the law's enactment, the failure of the billboard's owner to comply thereafter with the requirements of the act constitutes a per se violation and does not require the Department of Public Works to produce evidence of irreparable injury. Regulations which restrict the use of private property in this way are valid exercises of the police power and as such do not constitute a taking for which the property owner may receive compensation. Where the exercise of the police power changes a previously conforming use into a nonconforming use, the property owner must be given reasonable time to amortize his investment. Given that the billboard is a public nuisance and that two years and eight months were allowed as an amortization period, it cannot be claimed that the time was unreasonably short.

Attorneys for Plaintiffs — Respondents
Harry S. Fenton
Dept. of Public Works
Sacramento, CA 95814

Stephen A. Mason
Dept. of Public Works
Sacramento, CA 95814

David H. Frederickson
Dept. of Public Works
Sacramento, CA 94814

Attorney for Defendants — Appellants
Miller & Ford
Suite 808 I.B.M Bldg.
520 Capitol Mall
Sacramento, CA 95814

RICHARDSON, P.J., and FRIEDMAN, J., concur.