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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 110383
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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State of Louisiana, who owns the building permit the

Customer Question

State of Louisiana , who owns the building permit the applicant or the landlord that issued permission to pull the permit.
Does permit stays with landlord and parcel or belongs to company that applied for the permit.
Please point me to the right material
Submitted: 3 months ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 3 months ago.

Dear Customer,

Thank you for using our forum. My name is ***** ***** I hope to assist you today.

  • Permits are generally not considered property as they are a "license to proceed with work."
  • However, the permit is issued to the land owner, based on the land owner's retention of a licensed contractor.
  • And, the permit is specific to the property in question.
  • So, absent some contractual agreement to the contrary, I would find it difficult to see an arrangement where the contractor could argue that they are entitled to withhold a permit from the landowner.
  • If the first contractor were replaced by a second (equally licensed) contractor, the land owner could continue with the construction as permitted without having to go and get a second permit.

(So while I do not see it as "ownership" in the same way we discuss title to property, I would say that the landowner has the right to the permit, not the contractor/company that "pulled" the permit (physically applied for the permit with the building department)).

Customer: replied 3 months ago.
16.16 A 1 b
That states that company applying for permits need to have letter signed by landlord that permits to pull the permit for sign on the landlord property
In California all permits go with landowner or building not the company applying for them
Im not sure if it's different in Louisiana
Also it is a billboard sign that the company that pulls the permit owns and pays land lease for it
Please advice or point me to the right materials to read thru
Thank you
Expert:  CalAttorney2 replied 3 months ago.

Dear Customer, I am going to "opt out" and allow another expert to follow up with you. Please do not post any further at this time as it will delay the next expert's ability to follow up. If you need any assistance in the meantime, please contact our customer service at: Thank you for using our forum, and I do wish you the best of luck. Bill

Expert:  Irwin Law replied 3 months ago.

Good morning. I am another expert and I will try to assist with your question. The statute that you cited does not deal with ownership of a sign permit per se. I doubt that there is such a concept as "ownership" of the permit itself. That makes it impossible to research the question of ownership. Do you have a specific fact situation which is giving rise to your question? I will be off-line until after Noon today.

Customer: replied 3 months ago.
Sign permits are sold like commodity with ownership assigned to company that applied for permit with the landlord permission. Some permits for signs such as wall shapes in Miami sell for 1mil .
I know that in California sign permit applied for sign company but with permission of landowner belongs to landowner , in many cases t needs to be challenged in court but it does stay with the building /land .
For example if billboard company removes the sign the permit still belongs to landlord.
In Louisiana on the other hand I have mix opinions , in our situation we have sign company that removed the sign and we want to build one but they claim that permit is theirs and we can't due to sign spacing regulations.
I think I would need to find zoning attorney for this one or someone involved with city codes
Expert:  Irwin Law replied 3 months ago.

That makes sense. This issue usually falls into zoning/code enforcement regulation.

Expert:  Law Educator, Esq. replied 3 months ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

I am a DIFFERENT CONTRIBUTOR and Louisiana Attorney.

Are you talking about advertising sign permits?

Customer: replied 3 months ago.
off premise sign permits such as billboards . We also have situation where we have received new permit from the city based on old lease expiration and sign removal , we were granted permit at that location .
Within two weeks city gave LAMAR permit 100 feet away from our permit and LAMAR build sign there .
Now city is challenging our permit even that it was issued prior to LAMAR permit .
Lease cancellation by landlord voids sign permit and we have applied for permit at the lease cancelation date also we have provided copy of lease cancellation to the city officials .
From what I've heard in Louisiana permit belongs to the applicant acting as owners agent and not the the land owner .
But there are different opinions
Expert:  Law Educator, Esq. replied 3 months ago.

Thank you for your reply.

Under the LA Administrative Codes on erecting signs, each applicant who wants to erect a sign must apply for a permit. So the permit belongs to the applicant for the specific sign being erected on the land. So, if Lamar has a permit for a sign, but loses their lease for the land where the sign is situated, the sign permit is ended by the fact that Lamar is being kicked off the land by lease termination. The new tenant would have to apply for a new permit for the new sign because each sign requires a new permit from the applicant. See: LAC,

Customer: replied 3 months ago.
There is no state jurisdiction on that street Im familiar with the state code .
Here is the lineup of facts :
On November 24, 2015 we reached an agreement with Kenneth & Lillian Lo the owners/landlord of the property. (AKA: Coursey Boulevard, LLC)
On January 22, 2016 the ownership cancelled their lease with LAMAR a copy of which was given to you with our application and survey
On January 27, 2016 the cancellation letter was sent via FEDEX to LAMAR in compliance of the existing lease (a copy of the receipt is attached)
On January 29, 2016 your office issued a building permit which became effective upon the removal of the existing LAMAR sign.
On March 8, 2016 the owners sent a letter to LAMAR instructing them to remove their sign on or before April 11, 2016.
On March 31, 2016 the LAMAR lease expired and was cancelled
On April 21, 2016 just prior to the Landlord and us removing the board is was removed by LAMAR.
In between the city official issued LAMAR permit for sign next door that voids our current permit that I think was first in line
Expert:  Law Educator, Esq. replied 3 months ago.
Thank you for your reply.

Since you did not tell us what you were familiar with, we have no way of knowing. However, the Parish ordinances are going to mirror the state code as well and still the permit for the sign belongs to the owner of the sign. So, if LAMAR has no rights to be on the land, since the lease was cancelled, there could be no permit for the land for a sign for LAMAR.

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