Billboard(s) on Private Property

[DW_Gray]

Question: When a private property owner allows a company to lease or rent space to erect one or more billboards on the private property owner’s non-commercial property, does this change the status or classification of the private property to commercial?

For this question, there are no zoning laws in this area concerning billboards.

What is your personal answer? Yes, it changes to commercial property or no, it stays non-commercial.

Note: This isn't for legal advice, just a survey.

 

[jayc]

I don't think the lease of a billboard would generate enough money to be considered a commercial venture. Of course, I don't know the going price of billboard rentals either.

 

[jmgratz]

How about expanding this question to include the erection of a cellphone tower on private property. I know some folks that get paid $600 a month from the cellphone company to rent their little piece of property.

 

[tmcran]

In Texas we have a large number of wind turbines. Many of these are on farm and ranch land. The land remains agriculture use. Not commercial.

 

[Ray LeTourneau]

I didn't vote because I really don't know. My thoughts are. Since many billboards or already on either a highway or commercial building, aren't they already considered some sort of commerce? Wind Turbines and cell towers can't really be considered advertising can they? I would think any income from a billboard, turbine or tower might be taxable so where does that lead? I guess after giving it a little thought my answer becomes a yes. I'll go vote now ;-)

 

[hoefler]

Depends on your jurisdiction. It doesn't go by how much income that comes off the property, the purpose is what determines the classification. It will likely become commercial depending on your jurisdiction, and if you are zoned for something else, you will have to go through planning and zoning for approval