Reading The Writing On The…Yard? Regulating Political Signs

Many local governments have ordinances on the books that regulate the number, size, location, and duration of political yard signs. However, many of these regulations probably do not pass constitutional muster and are not enforced. The difficulty with enacting yard sign regulations is that the signs constitute political speech which is one of the most precious and protected forms of free speech guaranteed by the First Amendment of the United States Constitution. Courts across the country have consistently ruled that political speech cannot be regulated more stringently than commercial speech. For example, a local ordinance that sets time limits on how long political yard signs can be placed prior to an election and a time to remove them after the election are typically invalidated because other types of signs, such as real estate signs, have no durational limits. Similarly, ordinances that limit the number of political signs to no more than two per property have been struck down. Limiting the number of signs restricts free speech because the household residents may have different political viewpoints. Further, many election seasons are to fill the seats of many different offices, thus limiting the number of signs impermissibly limits the number of candidates that a property owner can support. Regulating the size of political yard signs is problematic too if the local sign ordinance limits political signs to a smaller size than permitted for other types of signs.
This does not mean, however, that local authorities have no power at all to regulate political yard signs. The governments may enact reasonable, content-neutral regulations pursuant to their police power to protect the public health, safety, and welfare. Thus, local ordinances can validly prohibit political yard signs on public property and within the public right of way. All signs over a certain size, regardless of content (and including political signs)may have to be set back from roadways and sidewalls and be constructed or anchored for legitimate safety reasons, such as to prevent them from being blown away, falling down or blocking the view of driveways and intersections.
Finally, other types of signs are protected as political speech even if not directly related to an election. As such, they are entitled under the First Amendment to remain in place subject to the same content-neutral regulations as for election yard signs. For example, signs expressing anti-war or other cause oriented beliefs such as views on abortion or gay rights have a fundamental right to remain in place for as long as the person expressing the belief wants to keep them in place, subject only to the limited, content-neutral requirements related to materials, method of anchoring, etc. that are in place for other signs displaying noncommercial speech.

 

Hands Holding Vote

 

CWestover

Christine Neal Westover is an attorney in the Lexington office of McBrayer . Ms. Westover has extensive experience practicing law in both the public and the private sector. The focus of Ms. Westover’s experience and area of practice is land use law since her assignment in 1991 as legal advisor to the boards, commissions and divisions of government within Lexington Fayette County on all matters related to planning, zoning and land use law. Ms. Westover has an extremely deep and broad expertise of the laws governing land use in Kentucky and the procedural and substantive complexities that underpin planning and zoning matters. She also has significant experience dealing with governmental divisions such as Building Inspection, Code Enforcement and other administrative bodies due to their regulatory authority in land use matters. Ms. Westover can be reached at cwestover@mmlk.com or (859) 231-8780, ext. 137.

This article is intended as a summary of  federal and state law and does not constitute legal advice.

“How Do I Find My Property Lines?”

Knowing the location of your property lines is crucial when determining where to erect new structures, such as a fence or pool, on your land. It can even come in handy when doing such things as cutting the grass or trimming trees. Not knowing your land from your neighbor’s is a surefire way to end up in a dispute – even litigation. Finding out where the lines are is not necessarily difficult, but if you are considering taking drastic action that involves time and/or money, it is certainly worth it to double-check with a professional about whose land is whose.

The first step in determining the lines is to check your deed. A deed will contain a description, in words, of a property’s boundaries. The problem with deeds is that they may rely on landmarks that are no longer present (such a tree or gravel road) to indicate the lines. In some instances, it may be necessary to trace a deed back to older deeds in order to find a complete description.

If the deed description is no longer up-to-date or you need to obtain a more accurate overview of the lines, then you can consult a property survey (also known as a plat). A property survey is generally included with the paperwork when a home or parcel is purchased. If a property survey is not readily available, the local clerk’s office should have one on file. The third option is to hire a professional to conduct a land survey. A surveyor will use professional equipment to determine precise property boundaries.

While deeds, plats, and land surveys can help you determine where property boundaries exist, they may fail to describe existing easements on the property. A real estate attorney can give you peace of mind by finding out if there are any recorded easements or other issues with the land that you should know about before starting your next big project. Contact the real estate attorneys at McBrayer today if you need additional help in determining where your property ends and your neighbor’s begins.

House Exterior. Entrance Porch And Front Yard View

J. Markham

 

 

 

 

Joshua J. Markham is a member at McBrayer, McGinnis, Leslie & Kirkland, PLLC in the Lexington, KY office. Mr. Markham practices in virtually every aspect of real estate law, including title examination, title insurance, clearing title issues, deeds, settlement statements, preparation of loan documentation, contract negotiation and preparation, lease negotiation and preparation, and any and all other needs related to residential and commercial real estate matters. He can be reached at jmarkham@mmlk.com or (859) 231-8780, ext. 149.

This article is intended as a summary of federal and state law and does not constitute legal advice.