Legal TREND. Land Use. Billboards as Campaign Contributions?

Newly filed lawsuit:  Tony Buzbee vs. Sylvester Turner and Clear Channel Outdoor

Why? billboards concerning AlertHouston feature Mayor Turner

Why the campaign contribution argument? According to the attorney, Clear Channel needs the mayor’s help to amend a billboard ordinance. That led to a conspiracy for billboards across the city with Turner’s picture.

Want to read more? The suit was filed April 17 in Harris County District Court, case No. 2019-27094.

Courthouse News | Buzbee files $5M…

Local TREND. 3 Ways The Right Fights Cities & Supports Short Term Rentals.

Where:​ Florida

What’s special about FL cities’ short term rental ordinances?  local fines on unlicensed short term rentals are some of the highest in the nation.

How bad has it gotten? Miami Beach paid for a floating billboard accusing short term rental platforms of being cozy with state law makers Miami Herald

What have conservatives done to actively support short term rental platforms?

  • Lawsuits. Bring causes of actions against cities
  • Legislation to preempt local ordinances
  • Model…

Legal Trend. Is a bridge blocking a billboard a taking with compensation?

Court: Wisconsin Supreme Court

Question: If a city builds a bridge that blocks the view of a billboard, is that a taking of private property that merits compensation?

The Court: No compensation for a bridge that blocks a billboard

The billboard company argument:   the business has been deprived of “all economically beneficial use”

Why is this not a compensable taking? the right to visibility of private property from a public road “is not a cognizable right giving rise to a protected…

Local Trend. Anatomy of a New Billboard Ordinance. First Revision since the 1970s.

City: Carlsbad, NM

The 2018 billboard ordinance requires:

  • Any company or person installing, repairing, altering, relocating or dismantling a sign must obtain a New Mexico contractor’s license
  • billboards must be 1,500 feet from other off-premise or freestanding signs
  • billboards must be 200 feet from the nearest residential district, public park, playground or cemetery
  • building permit required

Carlsbad Current Argus | City council approves new sign ordinance

Property Rights. Land Use. Billboards. A Billboard Bill in the Sego Lily State. 3 Bits informed intel.

Utah’s HB 361 (2018) requires:

  • that eminent domain laws, including legal process and procedure, apply to billboard relocation 
    • this engages city council members in the process instead of non-elected employees
    • providse stronger guidance for compensation
  • if there is no agreement on sign price or relocation within 90 days, then the billboard comapny can relocate it. 
  • blocked signs can be relocated and raised

 

Opponents say:

  • Using eminent domain laws will add years to the process of…

Private Property Rights + Local Sign Ordinances. 3 Points. City Sign Ordinance Revision from the Wood Violet State.

Kenosha, Wisconsin is re-working its billboard ordinance. 

Kenosha is ooking to balance the interests of business v. public good v. property rights. 

In this balancing act, Kenosha is looking at:

  • 2015 US Supreme Court ruling that says signs can’t be regulated based on content
    • Reed v. Town of Gilbert, AZ
  • Future sign ordinances will cover everythign from ground level signs to billoards
  • How to craft a sign ordinance that avoids costly litigation

Kenosha News | Digital billboards shine a…

City Buys Land. City Using Eminent Domain for Billboard on Same Land. Billboard relocation laws? Yes, see the proposal.

The City: Sandy Springs, GA

How does this work in Georgia, where there is a separate eminent domain for the billboard? Georgia’s laws allow for billboard relocatation somewhere within 250 feet in lieu of an eminent domain reimbursement, if the city has a billboard relocation ordinance. 

What has the city offered?  A city ordinance that allows for billboard relocation if:

  • eminent domain is used or there is a threat of eminent domain
  • relocation within 250 feet, with up to 3 alternative…

Private Property Rights. 3 Points informed:intel Billboard Fees.

The Texas Supreme Court this week refused to take an appeal on the City of Austin billboard fee.

Lawyers, courts- their words are like teachers in a Peanuts cartoon. What does this mean?

  • The Court of Appeals opinion declaring Austin’s billboard fees unconstitutional stands.
  • Why is the fee unconstitutional?
    • The city can charge taxes up to 50% of what the state imposes.
    • What kind of billboard fee does the state have? None.
    • 1/2 x 0 = 0. Austin can impose a total fee of 0 under this…

Billboards. Property Rights. Free Speech Rights. Texas Court of Appeals Opens Doors for Billboards.

Which Court of Appeals? 3rd Court of Appeals in Austin

What did the Court do with the Texas Highway Beautification Act? Struck down key portions of the Act, specifically Subchapters B and C

For those who love statutes: Subchapter B REGULATION OF OUTDOOR ADVERTISING GENERALLY & Subchapter C LICENSE AND PERMIT FOR OUTDOOR ADVERTISING

Why were these subchapters struck? unconstitutional content based restrictions on free speech

Houston Chronicle | Core of Texas highway sign ban…

Private Property Rights. Meets Data Security in Billboards. 3 Bits Informed Intel.

What do private property rights, data security & billboards have in common? A lot when billboards are partnering with telecom to track people’s travel patterns and behaviors through their mobile phones.

Tracking travel patterns and location creates data.  Data creation leads to data storage which leads to a trove of data for hackers.

The Center for Digital Democracy says ““It is incredibly creepy, and it’s the most recent intrusion into our privacy.”

NYTimes | See That…