By Richard Hamlin and Marnie Christine Cody, Hamlin|Cody In the same way that a utility company has an easement to run cables or power lines across a private property, a company or individual can permit the construction and display of a billboard on a property. In the billboard industry, a […]
Legal
Rothfelder & Falick on the IBO Convention
By Mike Falick, Partner, Rothfelder & Falick Chris Rothfelder and I are really looking forward to the IBO Fall Conference on September 21 – 23 in Charlotte, NC! Richard Rothfelder extends his regards as well – he will sadly not be joining us in Charlotte as he will be spending […]
Are You Complying with Sales Tax Laws?
From Jennifer Sloane, Sloane Law Office As I work on closing another purchase agreement for a client, where it was discovered in due diligence that the seller failed to pay applicable sales taxes during its ownership of the assets, I am compelled to write this article in an effort to […]
Don’t Mix Agent and Principal Duties
Sometimes corporate landlords or railroads hire out of home companies to act as their agent to manage out of home leases. It will be expensive for you if you use an agent’s position to advantage your company. That’s the lesson of Craig Outdoor, Midwest Outdoor and Patriot Outdoor v Viacom […]
OUTFRONT Suing San Jose
OUTFRONT is suing the city of San Jose over the decision to grant two digital billboards at the San Jose Airport to Clear Channel Outdoor. OUTFRONT contends the billboards should have been awarded as part of a competitive bidding process. The city claims it is authorized to approve the digital […]
New and Noted
A Milford, Connecticut billboard company is trying for the third time to get approval to erect a digital billboard along I-95. Opponents complained that the digital billboard will cause light pollution and trotted out a ten year old Swedish study that found that digital billboards are distracting. You need to […]
Richard Hamlin on Constructive Notice
California out of home attorney Richard Hamlin had this comment on Rothfelder on Unrecorded Leases and Constructive Notice. Early in my OOH career, I asked my client why they did not record their leases. He said it became too much of an administrative burden to deal with requests to release […]
Rothfelder On Unrecorded Leases and Constructive Notice
Billboard Insider has published numerous articles, including in its Guide to Leases, Easements, and Real Estate, advising that the prudent billboard operator should record his ground lease, or at least of memorandum of the lease. By officially recording in the county real property records, the operator insures the world has […]
Rothfelder On Texas SB 19 And The First Amendment Right To Refuse Firearm Ads
It seems like everyday there’s a new mass shooting, whether its Uvalde, Buffalo, Parkland, Sandy Hook, and on and on. And, just as predictably, there’s more and more talk about gun control legislation. Especially in these tragic times, everybody appears to have an opinion under the Fourth Amendment, namely whether […]
Why GEFT May Have a Case Against Westfield
In a Billboard Insider article yesterday, GEFT Outdoor’s Jeff Lee was optimistic that he’ll win litigation against the City of Westfield even though Reagan v Austin seems has eliminated his ability to challenge Westfield’s sign code on the basis of differing treatment of on-premise versus off-premise signs. The issue has […]