Prior to the enactment two years ago of Texas Transportation Code Section 391.038 by the 85th Legislature, there was no Texas or Federal law governing the height of signs. There is still no Federal law on sign height, but the Texas Legislature passed effective September 1, 2017 Section 391.038, which […]
By Richard Rothfelder, Rothfelder and Falick Insider published an article summarizing the 1998 Missouri Court of Appeals decision in Superior Outdoor Advertising vs Snadon, which provides some helpful guidelines for the collection of delinquent accounts. Insider has visited this important, and unfortunately common, problem confronting the outdoor advertiser previously, including […]
The IBOUSA Spring Conference is scheduled in Savannah, GA on May 8-10, 2019, and once again, Chris Cowlbeck and his staff have planned a fun and educational event. As usual, we can expect to see an outstanding mix of vendor tables, interesting seminars, networking opportunities, and fun dinners and other […]
Billboard Insider reported yesterday on the Texas House Transportation Committee hearing on HB 3368 seeking to establish a 42.5’ maximum height on new billboards. I attended the hearing, and testified on behalf of several clients that the proposed legislation should be rejected as unconstitutional. Here’s the backstory. Prior to the […]
I found yesterdays article on “New York’s Billboard Barge Conflict” very interesting. And, while I don’t pretend to be an expert in maritime law or New York zoning, this conflict is right up the alley of several cases I’ve handled for the owners of traditional billboards erected originally out of […]
Last week Insider published an article by Richard Rothfelder titled “Make Lease Renewal Clauses Consistent.“ Rothfelder has litigated a lots of issues over lease renewal rights, including those that afford the right of the lessee/billboard company to renew the lease on like terms at their sole discretion. We’re reprinting below […]
By Richard Rothfelder, Rothfelder and Falick. Billboard Insider reported in its January 22nd edition on rights of first refusal (“ROFR”) clauses in billboard leases. The article also provided a suggested ROFR provision, and recommended using such a clause to prevent Landmark Infrastructure or other unanticipated entities from becoming an unfriendly […]
The Chichester School District, et al opinion from the Commonwealth Court of Pennsylvania reported in the January 4 edition of Billboard Insider illustrates the appraisal issues for billboards and the land on which they are situated in two different contexts, namely for ad valorem taxes vs condemnation. This Pennsylvania case […]
Insider asked me to provide my top three predictions for legal activity for the out of home industry in 2019. Several industry leaders have recently submitted their predictions to Insider on a variety of topics, including the comprehensive political report of OAAA Legislative Committee Chairman Pat O’Donnell. Without duplicating those […]
I talked yesterday about natural disasters and how their occurrence reminds us that billboards and other forms of out of home advertising can become vulnerable. Whether your structure is conforming or nonconforming is important to know. So what do you do in the event you have damaged nonconforming structures? Most sign, […]
