The U.S. Supreme Court (SCOTUS) has again rejected a state's narrow interpretation of the constitutional limits on government's ability to impose development conditions. A unanimous SCOTUS ruled on April 12 in favor of the...more
4/30/2024
/ Building Permits ,
Constitutional Challenges ,
Construction Project ,
Easements ,
Fifth Amendment ,
George Sheetz v County of El Dorado ,
Impact Fees ,
Property Owners ,
Real Estate Development ,
SCOTUS ,
Takings Clause ,
Traffic Impact Assessments
In a case brought by the National Small Business Association and an individual owner of a small business (Plaintiffs), the U.S. federal district court for the Northern District of Alabama has ruled that the Corporate...more
On April 25, 2023, the Minnesota House passed House File 100 (HF100), a bill authorizing adult-use cannabis, by a vote of 71-59. Three days later, the Minnesota Senate passed Senate File 73 (SF73), a companion bill to HF100,...more
In August 1992, the largest indoor shopping mall in the continental United States opened to great fanfare in suburban Minneapolis, Minnesota. Dubbed the Mall of America (MOA), this sprawling retail center enjoyed 330 stores,...more
On September 30, 2022, the Financial Crimes Enforcement Network (FinCEN) of the U.S. Department of Treasury (Treasury) issued the first of three regulations to implement Section 6403 of the Corporate Transparency Act. FinCEN...more
On July 7, 2021, Fannie Mae and Freddie Mac (the GSEs) introduced new uniform instruments (notes, security instruments, and riders) for use with loans to make them eligible for purchase by the GSEs. ...more
Connecticut state lawmakers are advancing legislation legalizing recreational use of marijuana on the heels of a recent poll conducted by the Institute for Public Policy at Sacred Heart University (SHU) of Fairfield,...more
As we first reported on March 2, 2021, the attempt to gain legislative approval of cannabis legalization was before the Minnesota House of Representatives for the second year in a row. H.F. 600 would legalize cannabis for...more
On April 19, 2021, the Consumer Financial Protection Bureau (CFPB) issued an interim final rule intended to help residential tenants facing eviction for nonpayment of rent.1 2 This rule was issued under the CFPB’s authority...more
5/5/2021
/ Centers for Disease Control and Prevention (CDC) ,
Consumer Financial Protection Bureau (CFPB) ,
Debt Collection ,
Debt Collectors ,
Disclosure Requirements ,
Eviction ,
Failure To Pay ,
FDCPA ,
First Amendment ,
Moratorium ,
Rent ,
Rental Property
Sixteen states, along with the District of Columbia, have now legalized the adult, or recreational, use of marijuana. Unlike many states, including its neighbor, South Dakota, where voters have decided the issue themselves...more
3/3/2021
/ Agribusiness ,
Cannabis Products ,
Decriminalization of Marijuana ,
Deregulation ,
Dispensaries ,
Marijuana ,
Marijuana Related Businesses ,
Medical Marijuana ,
Recreational Use ,
Retail Market ,
State and Local Government
The Consolidated Appropriations Act of 2021 (the Appropriations Act) is a $2.3 trillion spending bill that combines stimulus relief for the COVID-19 pandemic and an omnibus spending bill for the federal fiscal year. ...more
2/15/2021
/ Bankruptcy Code ,
CARES Act ,
Chapter 11 ,
Commercial Bankruptcy ,
Consolidated Appropriations Act (CAA) ,
Coronavirus/COVID-19 ,
Infectious Diseases ,
Lease Term ,
New Legislation ,
Relief Measures ,
Rent ,
Rental Property ,
Small Business
On November 23, 2020, Treasury and the IRS issued final regulations governing tax-deferred exchanges of like-kind real property under Section 1031 of the Internal Revenue Code (the Code). These final regulations (T.D. 9935 )...more
We continue to monitor legislation affecting the residential landlord-tenant relationship and note here that “fair chance” housing ordinances are emerging in cities across the nation, including Seattle, Minneapolis, and...more
In response to multiple news and industry reports that many urban areas in the United States are suffering a crisis in affordable housing, many states and cities are actively considering rent control as an ameliorative...more
3/4/2020
/ Affordable Housing ,
Bernie Sanders ,
Critical Infrastructure Sectors ,
Housing Market ,
Investment ,
Land Developers ,
Low Income Housing ,
Low-Income Issues ,
Multi-Family Development ,
Political Campaigns ,
Political Candidates ,
Real Estate Development ,
Real Estate Market ,
Rent Control ,
Rental Property ,
State and Local Government ,
Urban Planning & Development ,
Zoning Laws
Most veterans of commercial leasing are familiar with the concept of a surrender clause but might not have been tasked with negotiating its meaning following lease expiration. A recent federal court decision sheds light on...more
Texting is becoming ubiquitous in this era of 24/7 connectivity, but a recent court decision stands as a strong reminder that those quickly composed texts can be held up as a “writing” sufficient to seal a multi-million...more