Question:
The only newspaper in my county has gone to an online-only version. Does this satisfy the Chapter 59 requirements for newspaper publications for auction sales? Also, we have other facilities in a neighboring county which does have a print newspaper. Can I publish my ads in the online version of this newspaper instead of the print version? What if there is no newspaper at all in the county?
Answer:
The statute does not speak to online vs. print ads. In my opinion, as long as it is a newspaper of general circulation, online and print are both acceptable choices for publication. The statue requires your newspaper notices to be published, “Once in each of two consecutive weeks in a newspaper of general circulation in the county in which the self-service storage facility is located.” In my opinion, it would be ludicrous to argue, for example, that the online version of the
Houston Chronicle
is less of a newspaper than the print version of the
Houston Chronicle
, and it would also be ludicrous to argue that a print newspaper that went to online-only is any less of a newspaper (assuming it is still in general circulation in the county.) If in doubt, ask the newspaper to verify that its online newspaper is a newspaper of general circulation in your county. TSSA Form L-1 can be used to obtain this verification from your newspaper. If there is not a newspaper of general circulation in the county, neither online nor print, Chapter 59 allows you to instead post a copy of the notice at the self-service storage facility and at least five other conspicuous locations near the facility.
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