General Business Commercial Real Estate Energy & Utilities

Read need-to-know updates, commentary, and analysis on General Business issues written by leading professionals.
News & Analysis as of

A Little-Used Doctrine Saves a Lease

Would this scenario keep you up at night? Your lease does not produce from May through August because a leak in a heater-treater makes it impossible or impractical to produce the well. Problems such as access to the site...more

Underground Access

Draft legislation currently before the UK parliament proposes some significant changes to existing trespass laws to facilitate the development and growth of the geothermal and shale-gas industries in the UK. Originally...more

PA Tax Law News - December 2014

In This Issue: - Recent PA Sales Tax Guidance Concerning Natural Gas and Other Mining Activities - Focus on Pennsylvania Corporate Taxes - Application and Sale of Restricted Tax Credits -...more

IRS Rules That Some Basis in Solar System Must Be Allocated to Structural Functions

On October 31, the IRS released Private Letter Ruling 201444025, which was addressed to a manufacturer of solar systems that are mounted on real estate. The nature of the real estate, along with many other interesting facts,...more

Leases Not Subject to Business Privilege Taxes - Commonwealth Court Case Presents Refund Opportunities

The Pennsylvania Commonwealth Court, in a 5-2 decision, held that the Local Tax Enabling Act ("LTEA") bars taxing jurisdictions from imposing business privilege taxes, on leases or lease transactions. Fish, Hrabick and...more

B.C. Surface Rights Board Reduces Rent Payable After Landowners Fail to Prove Loss

In the recent decision of the B.C. Surface Rights Board in Encana Corporation v Perry Burl Piper and Leslie Lancelot Dowd, the Board awarded compensation to landowners less than the amount previously offered by the operator. ...more

Supreme Court of Texas Clears the Path for Future Real Property Damage Calculations

In Wheeler v. Enbridge Pipelines, the Supreme Court of Texas provided guidance to midstream companies on the proper calculation of damages to real property stemming from the breach of a pipeline right-of-way agreement...more

Drilling at depth – proposed changes to subterranean rights

The government’s consultation on underground drilling access for the extraction of gas, oil and geothermal energy came to an end on 15 August 2014. The consultation sought views on the government’s proposal to introduce new...more

North Dakota Good Faith Purchasers: At What Point is Notice Relevant?

The Question - In order to be a good faith purchaser, a party must not have actual or constructive notice of another’s rights. Northern Oil and Gas v. Creighton asked, When should the determination of whether a party...more

AB 1103 Update: Postponement of Certain Nonresidential Building Energy Use Disclosure Requirements

Under California Assembly Bill 1103 (“AB 1103”, codified as California Public Resources Code Section 25402.10), owners and operators of nonresidential buildings must disclose certain building energy performance data to a...more

California Energy Commission Delays Compliance With Energy Disclosure Program for Smaller Nonresidential Buildings

The California Energy Commission (CEC) implemented the Nonresidential Building Energy Use Disclosure Program in two phases. The first phase took effect on January 1, 2014 and applies to nonresidential buildings of at least...more

Should You Pay for Something You’re Not Getting? The Pennsylvania Supreme Court Will Take Up Shedden v. Anadarko E&P Company, L.P.

The Pennsylvania Supreme Court will consider whether an oil and gas lessee’s refusal to pay a “bonus” on acreage that the lease supposedly conveyed to it, but that the lessor did not own at the time of leasing and had not...more

Connecticut Expands Energy Sub-Metering

Up until very recently, only campgrounds and marinas could sub-meter electricity usage. This meant that landlords were prohibited by law from sub-metering electricity to their tenants. As a result, any allocation of...more

This is Why You Need a Will

Let’s talk title disputes, especially ones between those with record title and those claiming title by possession: - They are complicated (There were 229 defendants in today’s case) - They happen when there is a lot...more

Underground Drilling: Consultation on Proposal for Underground Access for the Extraction of Gas, Oil or Geothermal Energy

The UK government are currently inviting responses to the consultation paper issued in May into their proposals to introduce a statutory right of access to underground land (at a depth of 300 metres or below) in England in...more

Mainebiz Real Estate Insider – Romancing the Stone: Will Shale Gas Extraction Sneak Under Maine’s Feet?

From 2001 to 2011, over a million leases were signed by American landowners that permit energy companies to drill for oil and natural gas on private lands. These leases burden land in states determined to have economically...more

Proposed Regulations Expand Definition Of Real Estate For REITS To Include Solar Sites

In This Issue: - Solar Sites - The Proposed Regulations - Intangible Assets - Distinct Assets - Examples in the Proposed Regulations - Effective Date - Excerpt from Solar Sites: A key...more

Proposed Regulations Address REIT Investments in Solar Facilities

The Internal Revenue Service and the U.S. Department of the Treasury recently issued proposed regulations that may facilitate using real estate investment trusts (REITs) as vehicles for financing certain renewable energy...more

Proposed Regulations Clarify the Definition of “Real Property” Under the REIT Rules

On May 14, 2014, the Treasury Department published proposed regulations (the “Proposed Regulations”) clarifying the definition of “real property” under the real estate investment trust (“REIT”) rules. The issuance of the...more

IRS Proposes Guidance on Real Property Definition for REIT Purposes

Proposed regulations establish analytical framework for determining whether assets qualify as real property for purposes of the REIT rules. On May 14, 2014, the Internal Revenue Service (IRS) published in the Federal...more

Condition Precedent Sinks Chesapeake

A condition precedent was the issue in Preston Exploration Company, et al v. Chesapeake Energy Corporation. This opinion was the result of the parties’ second visit to the federal Fifth Circuit Court of Appeals. In the first...more

Proposed Rules Would Offer REIT Status to Certain Solar Assets

The modified “flow-through” tax treatment afforded to REITs depends on the entity’s ability to meet certain asset and income-based tests, all of which in turn key off of the definition of “real estate.” ...more

Proposed Regulations Provide Greater Certainty on the REIT Classification of Solar and Other Non-Traditional Assets

The Internal Revenue Service (the “IRS”) and Treasury Department have proposed regulations (the “Proposed Regulations”) under Section 856 of the Internal Revenue Code providing guidance for analyzing whether non-traditional...more

Welcome Guidance on the Definition of Real Property for REITs Proposed by IRS

On May 9, 2014, the Department of Treasury and the Internal Revenue Service (the "IRS") released proposed regulations (the "Proposed Regulations") revising and clarifying the definition of real property for the purposes of...more

Proposed IRS Rule Could Allow Solar Energy REITs

President Obama announced on Friday several executive actions to advance clean energy. Among them, the Internal Revenue Service (IRS) will publish new regulations on May 14th clarifying that certain solar generating assets...more

99 Results
|
View per page
Page: of 4

Follow General Business Updates on: