Legal

Andy Goodman on Recording a Lease or Lease Memorandum

Today out of home leasing and development expert Andy Goodman discusses the pros and cons of recording a memorandum of lease versus recording a lease.  We’ve presented standard lease recording language below with  Andy’s comments are in italics. Memorandum of Lease:  Lessor agrees that this Lease Agreement may be recorded. […]

Richard Hamlin on California Property Taxes and Billboards.

Earlier this week Texas out of home attorney Richard Rothfelder reviewed the legality of taxing billboards based on earnings.  California out of home attorney Richard Hamlin tells Billboard Insider California property taxes can’t be based on a billboard’s income. California property taxes must be based on real property. They may […]

Kerry Yoakum’s 6 Tips for Easier Digital Billboard Permitting

Kerry Yoakum discussed Digital Billboard permitting at the 2023 OAAA/Geopath out of home conference.  He gave 6 tips to make permitting easier. Know your city council.  Understand who supports them.  What are their pet projects?  What are their interests?  Who are their key friends and allies?  Post billboard content that supports […]

Rothfelder on Billboard Taxes

A Billboard Insider reader writes with the following question: “Would it be possible to find any case where a billboard real estate tax was based on earnings, but was overturned by a federal or state government?” The short answer is “no,” I’m not aware of any federal or state cases […]

5th Circuit Court Affirms Austin Ruling

On March 30, 2023, the Fifth Circuit Court of Appeals ruled 2-1 that Austin’s sign code is constitutional.  In April 2022 the US Supreme Court ruled on the case and remanded it in part back to the 5th Circuit Court which heard new arguments in September 2022. Here is a […]

Andy Goodman on Lease Rights of First Refusal

Today out of home leasing and development expert Andy Goodman analyzes right of first refusal language and notice language in an out of home lease.   Andy’s comments are in italics following the lease language. Right of First Refusal:  If, during the term of the Lease Agreement (including any extensions or renewals […]

Rothfelder on Government Improvements Obstructing the View of A Sign

A Billboard Insider reader asks: We installed a digital billboard.  The traffic travels east and west in front of the digital billboard on a freeway. Two buildings were constructed along the freeway.  The city required the building owners to plant a greenbelt of trees which will block our digital.   Is there […]

Goodman on indemnification, condemnation and assignment clauses in leases.

Out of home leasing and development expert Andy Goodman comments on the indemnification and assignment clauses in a standard out of home lease.  Andy’s comments are in italics. Indemnification:  Lessee shall indemnify and hold Lessor harmless from all injuries to the Property or third person caused by Lessee, Lessee’s employees, agents, […]

Andy Goodman on Lease Cancellation Clauses

Today out of home leasing and development expert Andy Goodman comments on the standard cancellation language in many out of home leases.  We’ve presented the language below.  Andy’s comments are in italics. Cancellation:  If, in Lessee’s sole opinion: a) the view of the advertising copy on any Structure becomes obstructed; b) […]

Andy Goodman on Out of Home Lease Representations

Today out of home leasing and development expert Andy Goodman evaluates the representations language of a typical out of home advertising lease.  Andy’s comments are in italics. Representations:  Lessor represents that it is the owner or the authorized agent of the owner of the Property and has full authority to […]