Billboards are a powerful advertising tool, but they also face strict regulations by states, cities and counties. If you own or operate a billboard, you may wonder whether local authorities have the right to remove it. Fortunately, California law provides important protections for billboard owners, particularly under California Business & Professions Code Section 5412. Understanding your rights and potential legal defenses can help you protect your investment.
Understanding Billboard Regulations
Local governments often impose zoning laws and ordinances restricting billboard placement, size, and content. While these regulations aim to maintain aesthetic standards and safety, they sometimes conflict with state and federal protections for billboard owners. If a city or county attempts to remove your billboard, you may have legal grounds to challenge the decision.
Legal Protections Under California Law
California Business & Professions Code Section 5412 protects billboard owners by requiring compensation if a government agency forces the removal of a lawfully erected billboard. This means that unless your billboard violates specific zoning or permit regulations, the government cannot remove it without providing just compensation.
Key provisions of Section 5412 include:
- Compelled Removal Requires Compensation: If a city or county mandates the removal of your billboard, they must compensate you for the loss.
- Lawfully Erected Billboards Are Protected: If your billboard was legally permitted at the time of construction, local governments cannot arbitrarily remove it without due process.
- Regulatory Compliance Matters: While state law offers protections, billboards that violate local zoning laws, exceed permit limits, or create public hazards may still be subject to removal.
Government Efforts to Avoid Paying Compensation
On occasion, a city or county will condition a building permit on removal of a billboard. The government agency will then argue that it is the landlord who is demanding removal, not the agency. The agency will then refuse to pay compensation.
California law puts a stop to that tactic. California Business and Professions Code, Section 5412.6 says, the requirement by a government agency that a lawfully erected billboard must be removed as a condition of issuing a permit is a compelled removal under most circumstances. Per Section 5412, a compelled removal requires compensation.
That is not the end of the issue. The courts have said that billboard operators must give the agency a chance to remove the condition, and must do so in a relatively short time frame. Failure to do that might cost the billboard owner the right to compensation.
Defending Against Billboard Removal
If your billboard is at risk of removal, there are several legal defenses to consider:
1. Challenging Unlawful Regulations
Some city and county ordinances may overstep their legal authority. If a regulation conflicts with state or federal law, you may have grounds to challenge it in court.
2. Proving Exemption Status
Billboards that were legally installed before new zoning restrictions are typically exempt from the new zoning and cannot be ordered removed even when new laws prevent billboards.
3. Asserting Compensation Rights
Under Section 5412, if the government compels the removal of a lawful billboard, they must provide fair compensation. Legal action may be necessary to enforce this right.
4. Negotiating Alternative Solutions
In some cases, legal disputes can be resolved through negotiations, such as relocating the billboard or modifying its structure to comply with updated regulations.
How an Attorney Can Help
At Hamlin | Cody, we assist clients in defending their billboards against unlawful removal and ensuring they receive fair compensation if removal is unavoidable. Whether you need to challenge a city ordinance, assert your rights under Section 5412, or negotiate with local authorities, we can provide the legal guidance you need.
If your billboard is under threat, don’t wait to take action. Contact Hamlin | Cody today to discuss your options with an experienced billboard attorney.