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Ryan Outdoor Advertising, Inc. v. United States

ELR Citation: 7 ELR 20714
Nos. No. 76-1675, 559 F.2d 554/10 ERC 1749/(9th Cir., 08/22/1977)

The Ninth Circuit holds that the Department of the Interior may remove from public lands billboards that are erected under temporary permits. Appellants' signs were removed by the government following expiration of their permits. The court holds that the Secretary of the Interior has almost plenary authority to administer lands in the public domain that exists independently of any duties or limitations imposed by the Highway Beautification Act. Moreover, that Act's positions for compensating owners of removed signs do not apply to the Secretary's general authority over the public domain, and the appellants held no property interest in their revocable permits.

Moving papers in this case are summarized at ELR PEND. LIT. 65432.

Counsel for Appellants
Earl Monsey
Rogers, Monsey & Woodbury
723 S. 3d St., Las Vegas NV 89101
(702) 382-6040

Counsel for Appellees
Peter R. Taft, Ass't Attorney General; Edmund B. Clark, Carl Strass, L. Mark Wine, Neil T. Proto
Department of Justice, Washington DC 20530
(202) 739-3888

Before ELY, HUFSTEDLER, and ANDERSON, Circuit Judges.