In Kelbro, Inc. v. Myrick, where the license and setback requirements of the Vermont outdoor advertising law were sustained together with provisions for summary removal of nonconforming advertisements, the Vermont Supreme Court declared that the commercial billboard companies have no common-law right to the privilege of visibility on which their business depends. Their exploitation of this privilege, it held, is a commercial use of the public thoroughfares which has been permitted only by sufferance and has always been subject to prohibition or regulation by the legislature.
Ruth I. Wilson,
CONSTITUTIONAL LAW - HIGHWAYS - BILLBOARD REGULATIONS-APPLICATION OF EASEMENT PRINCIPLES,
Mich. L. Rev.
Available at: https://repository.law.umich.edu/mlr/vol42/iss1/6