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Hartrampf and Action Outdoor Advertising, LLC, were charged with 168 criminal violations of Cobb County’s sign ordinances. The alleged violations stem from Sign Ordinance § 134-346, which regulates the conditions under which existing off-premises advertising signs may be perpetuated. The trial court found that, as applied in this case, Sign Ordinance § 134-346 effected an unconstitutional taking by preventing the repair of a “grandfathered” non-conforming sign without compensation for the sign. The State appeals1 and for the reasons which follow, we affirm.

In 1981, Cobb County issued a permit authorizing a billboard standing on a .487 acre parcel of land at the intersection of I-75 and Windy Hill Road. In 1982 the Georgia Department of Transportation condemned .144 acre of the property where the sign was located. As a result, the lot was reduced to approximately .34 acre. The sign itself was not affected by the condemnation, but the parcel was now smaller than the .46 acre required under the County’s zoning ordinance for lots containing off-premises advertising signs.2

 
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