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 […]
Legal
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 […]
Andy Goodman on Making Sure the Out of Home Lease Says the Structure is Yours
Landlords sometimes argue that a billboard structure is theirs at expiry of a lease. Today out of home leasing and development expert analyzes how the structures section of an out of home lease can protect your company and minimize costs if the billboard lease is terminated and the structure must […]
Goodman on Out of Home Rent
Today out of home leasing and development expert Andy Goodman reviews and comments on a rent section in an out of home lease. Rent: Rent shall commence on the later of completion of the Structure or commencement of the term and shall be the amount of $_________________ payable __________________________________. This rent […]
Aurora Colorado Considering Monument Digital Billboard
Lamar Advertising is proposing a digital billboard in Aurora Colorado, a city which doesn’t allow new billboards. Lamar real estate manager Steve Cecil and Territory Manager Brent Window made an info-only presentation at February 8, 2023 Aurora City Council planning and economic development committee meeting about leasing city land for […]
Rothfelder on Expiration and Renewal of Sign Permits
My partners Chris and Mike and I are often asked about the situation where a client secures a permit to erect new sign at a conforming site, but he doesn’t build the sign or otherwise finish the work before the permit expires. Then, when the client attempts to renew the […]



















