Matthew Roberts

Matthew Roberts

Bean, Kinney & Korman, PC

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Latest Publications


Construction & Land Use Newsletter - December 2014

In This Issue: - Protecting Your Brand: A Gift Not Reserved for the Holidays - Amendment to the Interstate Land Sales Full Disclosure Act - Changes are Coming to ISD - Arlington’s New LEED...more

12/16/2014 - Brand Building Permits Construction Industry Disclosure Requirements Green Buildings Land Sale Contract LEED Rules Permits

Arlington’s New LEED Standards

On November 15th, the County Board of Arlington County voted 4-1 to adopt a revised incentives policy for its green building standards. While technically a “voluntary” component of 4.1 Site Plan applications, the County has...more

12/10/2014 - Construction Industry Green Buildings LEED Certified LEED Rules

Construction & Land Use Newsletter - September 2014

In This Issue: - Water, Water, Everywhere - D.C. Office of Planning Takes a Stand Against Pop- Ups with New Zoning Text Amendment - Excerpt from Water, Water, Everywhere: Despite the lingering...more

9/11/2014 - Construction Workers Contractors Flooding Property Damage Subcontractors Urban Planning & Development Water

Water, Water, Everywhere

Despite the lingering effects of the Great Recession on real estate, residential infill development is a popular model in Northern Virginia for the residential developer. With infill development, a developer will typically...more

9/4/2014 - Construction Industry Groundwater Real Estate Development Real Estate Investments Subdivision Water

New Tools in the Zoning Game

As of July 1, 2014, Virginia landowners will have a new tool to use in the zoning game. On April 6, 2014, Governor McAuliffe signed SB 578 into law. The bill provides a damages remedy for applicants seeking zoning or...more

6/12/2014 - Damages Eminent Domain Subdivision Takings

Construction & Land Use Newsletter - June 2014

In This Issue: - Out of State... Out of Mind? Ensuring that Local and Out-of State Construction Companies Play by the Same Rules - Look! Up in the Sky! It’s a... Plane!: Proposed FAA Policy Could Affect...more

6/6/2014 - Building Height Regulations Construction Contracts Construction Workers Contractors FAA Subcontractors

Look! Up in the Sky! It’s a…Plane!: Proposed FAA Policy Could Affect Building Heights

The Washington, D.C. metropolitan area has no shortage of airplanes flying over the region. There is also no shortage of developers and landowners who want to create the region’s landmark buildings and skyscrapers which may...more

6/5/2014 - Airlines Aviation Industry Building Height Regulations FAA

Construction and Land Use Newsletter - March 2014

Please see full newsletter below for more information. - Lorton Landfill Dispute Nearing Board of Supervisors’ Review - I Know My (Vested) Rights! Developing a Project in a Changing Climate - Excerpt from...more

3/13/2014 - Construction Site Land Developers Landfills

I Know My (Vested) Rights! Developing a Project in a Changing Climate

More than one landowner has been disappointed to find out they cannot develop their property how they would like. This disappointment can be compounded if the landowner bought a property based on its zoning potential, but the...more

3/5/2014 - Land Developers Property Owners

Saying What You Mean and Meaning What You Say: Collecting Cash Proffers for Residential Development

During the course of rezoning a property, it is common for landowners to offer incentives to a locality to grant the rezoning. Such incentives often take the form of proffers, which are voluntary conditions the landowner...more

1/30/2014 - Housing Developers Land Developers Land Owners Property Owners

Much Ado About Subdivision: Building on a Subdivided Lot When the Locality Never Approved the Subdivision Plat

Pop quiz: You want to purchase an undeveloped lot with the hopes of building your home on it. You hire a title company to perform the title work, which appears to come back clean. You are told your lot used to be part of a...more

1/8/2014 - Building Permits Land Titles Subdivision

Construction & Land Use Newsletter - December 2013

In This Issue: - Five Major Terms Construction Contractors Need to Worry About - Handshakes to Hashtags: The Evolution of Deal-Making in the Construction Industry - Searching for the Escape Hatch: The...more

12/9/2013 - Construction Contracts Contract Formation Contractors Variances

Searching for the Escape Hatch: The Variance

Although it is a familiar term in the zoning lexicon, the variance is one of the least understood devices in the zoning toolbox. Known to dirt lawyers as the “escape hatch,” the variance gives relief to property owners from...more

12/4/2013 - Variances

Of Boats, Dining, and Zoning: Virginia Supreme Court Decides Old Dominion Boat Club v. Alexandria City Council

On October 31, 2013, the Virginia Supreme Court decided Old Dominion Boat Club v. Alexandria City Council, et al. The case involved ongoing litigation between the Old Dominion Boat Club (ODBC), the City of Alexandria, and...more

11/1/2013 - Easements Land Titles Statute of Limitations Title Insurance Title Search

Construction & Land Use Newsletter - Volume 5, Issue 3 - September 2013

In This Issue: - When Do Virginia Contractors Need a License? - Newberry Station: Political Contributions & Political Realities - Excerpt from Newberry Station: Political Contributions & Political Realities:...more

9/19/2013 - Construction Contracts Contractors Licenses

Newberry Station: Political Contributions vs. Political Realities

Political contributions and developer-politician interaction are facts of life in the development community. And it makes sense too – developers bring many benefits to communities, such as housing, work space, shopping, and...more

9/17/2013 - HOA Political Contributions Political Debates Transit Authority

Sansotta v. Town of Nags Head: Localities Cannot Manipulate the Litigation Process to Avoid Taking Claims

On July 25, 2013, the United States Court of Appeals for the Fourth Circuit decided Sansotta v. Town of Nags Head, a case out of North Carolina. Sansotta dealt with the important issue of “ripeness,” which asks whether a...more

7/31/2013 - Delays Litigation Strategies Ripeness Standing

What the SCOTUS Opinion in Koontz v. St. Johns River Water Management District Means for Virginia Property Owners

Yesterday, the U.S. Supreme Court (“SCOTUS”) issued its opinion in Koontz v. St. Johns River Water Management District, No. 11-1447, slip op., 570 U.S. ___ (2013). Koontz, a victory for the property owner, is an important...more

6/26/2013 - Dolan v City of Tigard Fifth Amendment Koontz v St John's River Water Management Land Developers Nexus Nollan v California Coastal Commission Permits Rough Proportionality Test SCOTUS Takings Wetlands

Upcoming Changes to Parking Space Requirements of the Arlington County Zoning Ordinance

Arlington Commercial Parking Working Group - It is no secret Arlington’s workforce is changing how they get to work. In recent years, there has been a shift from single-occupancy vehicle (“SOV”) trips to other...more

6/21/2013 - Land Developers Local Ordinance Parking Lots Public Transit

Construction & Land Use Newsletter - June 2013

In This Issue: - Lien Filing Update: Virginia Mechanic’s Liens Get Even Harder - Arlington County Reconsiders Parking Ratios for Commercial Site Plans - Zoning Ordinance Revisions Affecting Arlington...more

6/10/2013 - Contractors Land Developers Liens Local Ordinance Mechanics Lien Parking Lots Restaurant Industry

Zoning Ordinance Revisions Affecting Arlington County’s By-Right Outdoor Cafés

The more things change, the more they stay the same. Or at least that is the case if you plan to eat at any one of Arlington’s 200-plus outdoor cafés. On May 18, 2013, the Arlington County Board unanimously approved...more

6/3/2013 - Restaurant Industry

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