We received this note from Sam Stokely of Stokely Outdoor based in Broken Arrow, OK. Thought we would take it out to the wider community for your thoughts and comments.
I have 7 separate billboards that are currently in condemnation. Four of them I can move back and three will have to be taken down. This is with the Oklahoma Turnpike Authority. It is good to see we are improving our highway system here in Oklahoma, yet the expansion will come with a price. I have not had a lot of experience in dealing with the state or the Turnpike authority, two separate entities. I feel like trying to handle this my self but should I get an attorney to help me? I have a meeting set up with the main guy next week and will try to resolve my self, but when in this process should I hire an attorney and what is the advantages? Any advice from your readers is appreciated.
1 My leases are 100 years but they will not pay past 20 yrs.
2 Is there damages for reduced visibility since sign is moved back further off the road, look at # 241 they want me to move 100 ft to left and that puts it behind trees not on land owners property. Currently it sits in the middle of the road as you drive straight at it.
3. What do I do when they are buying whole property and I have to remove it?
4. When should I get an attorney involved?
5. Do you know a good attorney who specializes in these matters?
Insider’s Comments: If you know of a quality attorney that practices in Oklahoma and specializes in OOH, please provide that info in the comment box below or email to info@billboardinsider.com.
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You should engage an attorney now! It does not matter how friendly your state officials are, they are not your friends.
In general, the state must pay fair market value for the property they take. While most states define fair market value as the price a willing buyer would pay and a willing buyer would accept, neither being under pressure to buy or sell, the calculation will vary from state to state.
State officials will argue that no buyer will pay more than the cost to build a new sign. They forget the difficulties of finding a new location and permitting. They argue the fiction of a willing seller.
You need counsel who is familiar with not only eminent domain, but also OOH. There will be arguments about what is taken and the different ways to value it. The rules for recovery of attorney fees also vary by state.
I do not know anyone who practices eminent domain in Oklahoma. My partner, Marnie Cody, might. My friend and colleague, Richard Rothfekder (the Other Richard) practices in nearby Texas and might know someone.
Regardless, find someone now. I would be happy to chat in more detail, but I need to leave for the airport at 0430. We are going on vacation out of the country without a computer. Good luck.
Message me I just relocated a sign in OK on HWY 69 in Pittsburgh Co.