Richard, tell us about the new book we are releasing today, exclusively through Billboard Insider?
OOH operators are painfully familiar with the differences of opinion on the societal benefits versus burdens of billboards, which has led to an extensive body of case, statutory, and administrative law on billboards unique to other land uses. This unique “Law of Billboards” includes for example, such differences by the various states on the fundamental characterizations of a billboard, ie…, is it real estate, personalty (movable personal property) or something altogether different like a fixture? Many states define and treat billboards differently depending on whether they are assessed for real or personal property taxes. Further, no matter what they call them, the states also differ on how to value and compensate for billboards removed and taken to accommodate highway or other public improvements in eminent domain. In short, billboard law has developed as a complicated mix of real estate, contract, and tort principles unique to other types of property rights and assets in the country.
It is a significant book, with nearly 300 pages. How did you organize the book?
The new book examines the unique law of billboards by compiling and summarizing over 150 articles authored by my law firm, Rothfelder & Falick, and published over the last decade by Billboard Insider. It does so in eight chapters surveying this very broad subject:
- FIRST AMENDMENT CHALLENGES AND CONTENT BASED SIGN CODES
- WHAT THE OPERATOR CAN DISPLAY OR CHOOSE NOT TO DISPLAY ON HIS BILLBOARDS
- PERMIT, TAXATION, AND OTHER GOVERNMENTAL DISPUTES
- DRAFTING AND LITIGATING LEASES, EASEMENTS, AND AD CONTRACTS
- ADMINISTRATIVE LAW DEVELOPMENTS
- DRAFTING AND LITIGATING ASSET PURCHASE AGREEMENTS
- EMINENT DOMAIN AND INVERSE CONDEMNATION OF BILLBOARDS
- PREDICTIONS AND CONCLUSION
We co-published a book in early 2021, focused on leases, easements and real estate. Are there updated sections in the new book?
Yes we’ve accumulated another five years of legal articles in cases on billboard leases easements and real estate as well as new and expanded forms for sample leases easements agreements and contracts and asset purchase agreements the book also summarizes how the operator can use these forms to save legal costs and avoid legal traps in their business.
I remember the conversation we had over a year ago, when the book idea was hatched. Tell our Readers why you wanted to write this tome?
I start my days Monday through Friday with a cup of coffee and a review of the daily edition of Billboard Insider. Its been my privilege and honor for the last decade to contribute an article on billboard law once a month or so for publication. This has created a substantial body of work, which I thought the readers might enjoy if organized and presented in the manner of this book. I hope so, anyway.
Who do you think would benefit from having this book?
Everybody that reads Billboard Insider!
Want to order your book or interested in more info? Go to this LINK on our Publications Page.
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