Tag: billboard leases

Billboard Leases on Tribal Land

Think you can write a lease with a tribe and be done with it?  Not so fast, especially if the tribe hasn’t qualified under the Hearth Act. The Hearth Act is a federal law  passed in 2012 which allows Indian tribes to write business leases for a primary term of […]

Goodman on 4 Things in a Good Lease

AGE Advertising President Andy Goodman has 33 years experience siting and developing billboards.  We asked him what’s in a good lease. 4 things in a good out of home lease (1). Amounts paid monthly rather than annually.  I think it’s easier to negotiate with a property owner to pay them […]

Rothfelder’s OOH Legal Predictions For 2021

Good riddance to 2020, which will likely be remembered as the Year of Covid, along with the economic downturn, racial and social tensions, political upheaval, and other challenges sparked by the pandemic. Indeed, my first two legal predictions for the outdoor advertising industry in 2021 are also largely influenced by […]

Out of Home Legal: Never give your landlord a replacement cost buyout.

Never give your landlord the right to buy a billboard at replacement cost.  That’s the lesson of Buffalo Ridge Corp v Lamar Advertising.  Here are the facts. In 2001 Flynn Advertising contracted with Buffalo Ridge Corporation to lease real property along I-90 near Sioux Falls to construct some billboards.  The […]

Landmark US Out of Home Acquisitions Slow in 2019

Landmark Infrastructure Partners LP reported financial results for the second quarter of 2019.  Here’s an update on Landmark’s out of home portfolio. Revenues and Net income from Outdoor Advertising totaled $5.2 million and $4.0 million respectively for the three months ended June 30, 2019.  Out of home revenues accounted for […]

Out of home legal: If an ad is up a client has to pay.

If an ad is posted, you have to pay for it.  That’s the lesson of Superior Outdoor Advertising Company v Snadon.  Here are the facts. Gary Snadon dba Shepherd of the Hill Historical Society (“Shepherd of the Hills”) entered into a three year contract to rent 4 billboards from Superior […]

5 Things about Landmark Infrastructure

Landmark Infrastructure is a publicly traded REIT which buys out of home easements and leases. Here are five things Insider learned from reading Landmark’s 2018 10k and February 2019 Investor Presentation. A growing out of home portfolio The number of Landmark owned out of home sites grew 24% during 2018 […]

Billboard Legal: A Leasing Standoff

What happens when a landlord asks for a 25 times increase in the rent and then doesn’t bother to evict a billboard company tenant for 10 years?  Cecil v Viacom answers that question.  Here are the facts: On September 15, 1991, Viacom entered into a three year ground lease with […]

Rothfelder on unilateral lease extensions.

Last week Insider published an article by Richard Rothfelder titled “Make Lease Renewal Clauses Consistent.“ Rothfelder has litigated a lots of issues over lease renewal rights, including those that afford the right of the lessee/billboard company to renew the lease on like terms at their sole discretion.   We’re reprinting below […]

Make Lease Renewal Clauses Consistent

By Richard Rothfelder, Rothfelder and Falick Make sure your billboard lease renewal clauses are consistent.  Sometimes one clause in a lease can seem at odds with another.  That’s the lesson of Randol v Drury Southwest Signs.  Here are the facts. Chester and Dorothy Gereckes signed a lease with Drury Southwest […]