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 […]
Legal
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 […]
Rothfelder on the Demise of the Chevron Doctrine in Billboard Regulation
My friend and OAAA Association Counsel Allen Smith wrote an excellent article in the July 10th edition of Billboard Insider on the Supreme Court’s June 28, 2024 decision in Loper Bright Enterprises vs Raimondo. As Allen explained, The High Court effectively eliminated the deference afforded federal administrative agencies in their interpretation of ambiguous […]
US Supreme Court Decision Potentially Impacts OOH Industry Regulations
Insiders Note: We had a reader ask us if there was a ruling from the recent slate of cases before the Supreme Court that might impact the industry. We reached out to the OAAA and J. Allen Smith, OAAA Association Counsel and he provides this perspective. The United States Supreme […]
You don’t have to sign a lease for it to be binding
A lease may be binding even if both parties haven’t signed it. That’s the surprising conclusion of Rode Oil Company v Outdoor Communications, Inc. Here are the facts. In June 1995 Rode Oil Company signed a lease with Outdoor Communications. The lease began: “RODE OIL CO. INC. as Lessor hereby […]
A recorded memorandum of lease reduces legal disputes.
The usual out of home industry legal practice is to record a memorandum of lease as opposed to the full lease in order not to disclose proprietary details to competitors or other landlords in a market. A Billboard Insider Reader asked “Is there potential for a lawsuit if a new […]
Marnie Cody on what to include in a memorandum of lease
The usual out of home industry legal practice is to record a memorandum of lease as opposed to the full lease in order not to disclose proprietary details to competitors or other landlords in a market. A Billboard Insider Reader asked “Is there potential for a lawsuit if a new […]