Legal

7 Out of Home Legal Experts Talk Easements

A Billboard Insider reader asks: “I am carving out a billboard easement on a property which I own and want to sell.  How big should the easement be.  Should it just cover the base of the sign (10’ by 10’ ) or should it be larger (say 50’ by 50’) […]

Billboard Lease Termination Should Depend on You

Make billboard lease termination dependent on your opinion of economic feasibility.  That’s the lesson of M-59 Joy vs Lamar Advertising.  Here are the facts. In 2008, Lamar Advertising entered into leases for 2 billboards in Michigan on land owned by M-59 Joy, LLC.  The leases had a 10 year terms […]

Rothfelder on Invalidation of FTC’s Ban on Non-Compete Agreements

As I reported in the May 7, 2024 issue of Billboard Insider (“ROTHFELDER ON THE FTC’s NON-COMPETE RULE”), the Federal Trade Commission issued an administrative rule banning non-compete agreements in employment. These non-compete clauses are regularly used in the out of home industry, and are designed to protect the business […]

Reader Feedback on the Texas DOT vs Primary Media

An eastern out of home executive weighs in on the Richard Rothfelder”s article reviewing Texas DOT vs Primary Media. “Seems like the judge got it wrong.  I haven’t reviewed the case and all the details, but it sounds like the billboard company got screwed.  Government not following through on their […]

Ad Contracts Work Both Ways

An ad contract is binding on you as well as your out of home client.  That’s the lesson of National Advertising vs Wilson Auto Parts.  Here are the facts. In April 1985 Wilson Auto Parts (“Wilson”) signed a 3 year contract to advertise on a 12′ by 36′ billboard owned […]

Rothfelder On Settlement Of Billboard Condemnation Cases

The process of eminent domain or condemnation, under which the government can take private property for public use,  is usually frustrating and often unfair. Whether the property owner likes it or not, the only safeguard and check on this awesome power is the constitutional obligation to pay just and adequate […]

Street Media Group Granted Favorable Determination Against CDOT

Business Den reported yesterday that Denver District Court Judge Sarah Wallace in an August 6th opinion stated that State transportation officials have given preferential treatment to Colorado’s largest billboard owners, allowing them to skirt regulations that have been stringently enforced on Street Media Group. Judge Wallace’s determination, which the Colorado […]

Join Industry Leaders at OAAA’s 2024 Legal Seminar

The Out of Home Advertising Association of America (OAAA) is pleased to announce that registration is now open for the 2024 Legal Seminar, scheduled to take place from Tuesday, November 12 to Wednesday, November 13, 2024. This premier event will be held at the InterContinental Washington DC – The Wharf. […]

Rothfelder on Repair of Storm Damaged Signs

It seems like “Hurricane Season” arrives earlier and leaves later every year, and that’s certainly been the case in my hometown of Houston and the Gulf Coast. This year, the devastation caused by Hurricanes Beryl, Debbie, and several others has been enormous, tragically taking hundreds of lives and causing billions […]

Adams Provides Free Wifi in Exchange for Digital Permit

Adams Outdoor Wisconsin Real Estate Manager Devin Renner has a great story about how creative thinking removed a regulatory logjam and created a win-win situation for Adams Outdoor and Middleton, Wisconsin.   We’ll let Devin tell the story… The problem In 2021 Adams Outdoor went through the approval process for […]