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Commercial Real Estate Updates

Read Commercial Real Estate Law updates, news, and legal commentary from leading lawyers and law firms:

It’s A Bird, It’s A Plane, It’s A Floating Zone

by Farrell Fritz, P.C. on

According to the American Planning Association, a “floating zone” is a zoning district that “delineates conditions” rather than the more traditional use classifications that are typically found on zoning maps. While a...more

Real Estate Investment in Africa: Is the Honeymoon Over?

by DLA Piper on

The environment for real estate investment in Africa contains a perplexing mix of positive and negative factors. This is quite apart from the obvious fact that, in a continent of 54 countries and wide variations in levels...more

Development Rights and Responsibility Agreements: The Give and Take of Development

by Miles & Stockbridge P.C. on

Under Maryland law, the rights of a land developer to develop property for commercial or residential uses generally do not “vest” until there is some visible, lawful, construction on the property. Of course, development of a...more

Iris House Provides Valuable Reminder to Landlords About Non-Profit Renters

Recently, the Supreme Court, Appellate Term, First Department, handed down a decision affirming the lower court in 2363 ACP Pineapple, LLC v. Iris House, Inc, 2017 NY Slip op 27047. As the attorney on this case, Michael D....more

Free Parking, Yes, But No Stark Law Claim

by Ruder Ware on

A federal court recently dealt a victory to a health care provider over whistleblower allegations that free parking and valet service at a medical office building violated the Stark Law and the Anti-Kickback Statute....more

HVCRE: Busting Myths

by Dechert LLP on

The Trump administration and Congress have lots on the agenda: tax reform, financial regulation reform, job creation (think infrastructure spending, maybe?) and more. While it seems unlikely that much of anything “real” is...more

Overriding Interest

by K&L Gates LLP on

Welcome to the latest edition of Overriding Interest. Inside this issue: - The UK Government Proposes Innovative Transparency Requirements for Overseas Owners and Buyers of UK Property - Mees Update - Announcements,...more

‘Trust Me, You'll Love It': Caveat Emptor in Real Estate Transactions

by Faegre Baker Daniels on

Many people are familiar with the phrase “buyer beware,” or its Latin version, “caveat emptor.” In the sale of real estate, caveat emptor means that (absent contract language or terms to the contrary) a buyer purchases the...more

The Current CMBS Experience – And a Path Forward

by Alston & Bird on

The CMBS industry is not attracting repeat borrowers in sufficient numbers and must improve the performing borrower experience if it’s to survive. Our Finance Group presents the results of our survey of players in the CMBS...more

Startup Real Estate Tip: The 'Good Guy' Guaranty - Slow Down a Second

by JD Supra Perspectives on

If you are contemplating agreeing to execute a good guy guaranty, you must both be in control and be totally immune from being fired. Otherwise...more

Court Denies Creditor’s Motion to Dismiss Chapter 11 Case Despite Multiple Factors in Favor of Dismissal

by Burr & Forman on

In a recent case out of the bankruptcy court for the Southern District of Florida (the “Court”), a secured creditor moved to dismiss a debtor’s bankruptcy case “for cause” based on the debtor’s bad faith filing. The debtor...more

West Coast Real Estate Update - June 2017 #1

by Holland & Knight LLP on

Google's New Office Space Could Have Huge Impact on Downtown San Jose - San Jose is the largest city in California's Silicon Valley, yet some of the tech industry's largest employers maintain their biggest offices...more

No Mandatory Exhaustion of Administrative Remedies for Proposition 218 Challenge - California Court of Appeal Allows Challenge to...

by Best Best & Krieger LLP on

A ratepayer is not required to file a written protest or appear at a public hearing for the adoption of new or increased property-related fees prior to filing a legal challenge to those fees, a California Court of Appeal...more

Florida's Third District Court of Appeals provides a warning: When insureds communicate about their policy needs, agents better...

In Kendall South Medical Center v. Consolidated Insurance Nation, No. 3D16-926, 2017 WL 1908376, *1 (Fla. 3d DCA May 10, 2017), the Third District Court of Appeals reversed the lower court’s fourth dismissal of Kendall South...more

Plain Language Prevails in Ohio: Oil and Gas Lease Remains Valid despite Failure to Pay Minimum Royalty Amount

by Blank Rome LLP on

Action Item: Oil and gas companies with leases in Ohio should review their lease language whenever challenged by a lessor as to lease validity. That language likely will determine the success of any claim. Ohio oil and gas...more

Some Will Always Have Paris: Withdrawal from the Climate Change Accord May Not Reduce the Heat on the Health Care Industry

President Trump’s decision earlier this month to withdraw the United States from the Paris Agreement—an international, nonbinding agreement to take steps to limit global temperature rise—followed a series of moves at the...more

New Nevada Laws Governing Commercial Foreclosure and Receivership

by Ballard Spahr LLP on

With the financial crisis still in mind and the potential “wall of maturities” perpetually on the horizon, the Nevada Legislature has enacted two bills addressing commercial real property foreclosure and commercial real...more

Valuation Of “Different” Property In Condemnation — Does a Developed Market Exist?

When real property interests are acquired by the power of eminent domain, the owner is entitled to receive “just compensation” in the form of fair market value for the property taken....more

UK Commercial Real Estate Stands Tall amid Brexit Talks and a Snap General Election

by Dorsey & Whitney LLP on

For the past 12 months, politicians and commentators have remained fixated on Brexit. As negotiations for the UK’s exit from the EU begin, the commercial real estate market in the UK appears up-beat....more

Under the Dome: Inside the Maine State House

by Pierce Atwood LLP on

Under the Dome: Inside the Maine State House provides a high-level overview of recent activity at the Maine State House. Budget Negotiations Continue - The Legislature continues its work to develop a compromise budget...more

Sustainable Development Update - June 2017 #3

by Allen Matkins on

Sustainable Development Focus - California and New York just sued to protect Obama’s final energy rules - Washington Post - Jun 14 - Eleven states, led by California and New York, have sued the Trump...more

Landlords, Vendors, and Trade Creditors Beware: Protecting Your Interests During A Retail Meltdown

by Miles & Stockbridge P.C. on

As cautioned in my recently co-authored article, “The Future Isn’t Promising for Retailers”, that appeared in the Baltimore Business Journal on March 10, 2017, the retail sector may be primed to see numerous more going out of...more

WA Supreme Court Narrows Executive Session Real Estate Deliberations

by Perkins Coie on

The Washington Supreme Court significantly narrowed the ability of public agencies to discuss real estate deliberations in executive session. In a ruling on June 8, 2017, the court held that the Open Public Meetings Act...more

Court Puts the Brakes on Whistleblower's FCA Parking Claims

by Baker Ober Health Law on

The Department of Justice (DOJ) reports that, in fiscal year 2016 ending September 30, it obtained more than $4.7 billion in settlements and judgments from civil cases involving fraud and false claims. More than half of this...more

A Prevailing Party May Now Recover Attorney’s Fees in a Vested Rights Dispute

by Jackson Walker on

Chapter 245 of the Texas Local Government Code (the “Vested Rights Statute”), provides a regulatory scheme in which developers and the public may rely upon regulations of a regulatory agency in effect at the time an initial...more

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