Commercial Real Estate Education

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Land Use & Natural Resources Case Law Update: Third Quarter 2015

The court of appeal upheld the City of Carson’s denial of an application to convert a mobilehome rental park to a subdivision of resident-owned lots. The city’s denial of the application was based on its inconsistency with...more

Real Estate and Land Use - September 2015 #2

Use It or Lose It: San Clemente Required to Refund $10 Million in Unused Impact Fees: Walker v. City of San Clemente (August 28, 2015, G050552) - Why It Matters: In a strict reading of a local agency’s...more

Illinois Court Finds Special Property Tax Exemption Unconstitutional

A property tax exemption designed to benefit a single aviation company was recently found unconstitutional by the Illinois Appellate Court. The exemption was only for fixed base operators (FBOs) providing aeronautical...more

Financing and an Extended Lease Term Now Required For Enforceable Lease-Leasebacks in California

On June 1, 2015, a California Court of Appeal held that in order for a lease-leaseback arrangement to be enforceable, the lease must be “genuine”, containing both a financing component and a lease term that extends beyond the...more

Indiana Tax Court Upholds Property Tax Exemption For Early Learning Center

On April 1, 2015, the Indiana Tax Court in Johnson County PTABOA and Assessor v. KC Propco LLC d/b/a Kindercare Learning Center affirmed the grant of a 100% real property tax educational purpose exemption for property used as...more

2015 Property Tax Levies Will Be Limited to 0.8% Growth

Last week the U.S. Bureau of Labor Statistics released the Consumer Price Index (CPI) for All Urban Consumers that will be used in the PTELL limiting rate calculations for 2015 property tax levies collected in 2016. The 2015...more

One State Explores Imposing Real Property Tax on Nonprofits

In states such as New York, where local governments and public schools are funded by taxes on real property, exemptions are often highly scrutinized by assessors and taxpayers alike. However, the exemption provided to...more

Citizens for a Green San Mateo v. San Mateo County Community College District

Why it matters: The 30 day statute of limitations for CEQA challenges was upheld to bar litigation alleging that a project, as constructed, was different from how that project was described in the CEQA document....more

Keep Environmental Issues in Mind When Considering a Lease or Sale of Former School Property

As school populations shift, it may become necessary for school districts to consider closing and attempting to sell or lease school buildings and grounds. Amid all of the political, financial, and community issues involved...more

Schools and Community Colleges Banned from Using Sole Source Procurement for Prop. 39 Funded Projects: Contracts Must Be Awarded...

Many California school districts and community college districts are gearing up to perform, or are in the process of performing, energy efficiency improvements and renewable energy projects with funds derived from Proposition...more

How Educational Institutions Can Capitalise on Real Estate Assets

With investment pouring into the education sector, academic institutions have never been in a stronger position to capitalise on costly real estate assets to fuel future expansion. Research suggests the public and private...more

Charter Schools: Leasing a surplus building from the District of Columbia

The District of Columbia has a special program to lease surplus buildings to Charter Schools. Read Roberta Colton's article to find out the details. and best practices....more

Maine Supreme Court Clarifies Property Tax Exemption For Non-Profits

In a case watched closely by Maine’s non-profit organizations, the Maine Supreme Judicial Court has held that Hebron Academy, a private secondary school, was exempt from property tax on its various school buildings. The...more

WSJ Article Reveals How Other States Equalize Education Funding

A recent article in the Wall Street Journal details how the soaring value of Texas oil fields has not resulted in much additional revenue for local school districts. In Karnes City, Texas, an eightfold increase in the value...more

Statute of Limitations Doesn’t Apply in UConn Law Library Lawsuit, State Supreme Court Rules

The Connecticut Supreme Court recently reversed, in a unanimous published opinion, a trial court's entry of summary judgment in favor of 27 defendants involved in the allegedly defective design and construction of the...more

Student Housing: Things that can make you go bust in the boom

While ground up development has dried up in many sectors, off-campus student housing is one commercial real estate sector where development is booming. Unlike what other sectors are experiencing, there is both demand and...more

Upscale Retirement Complex Denied Religious and Charitable Property Tax Exemptions

The Second District Appellate Court recently upheld the Department of Revenue’s denial of a property tax exemption for the Village at Victory Lakes in Lindenhurst, Illinois, which is a continuing care retirement community...more

PA School Districts Seek to Increase Property Taxes of Selected Businesses

A new and growing trend in the field of property tax assessment continued this summer, as school districts in the eastern part of the state filed what could be a record number of appeals of selected property owners’ tax...more

New Study Shows Declines in TIF Revenues

Tax Increment Financing (TIF) Districts throughout Illinois are experiencing declines in revenues as a consequence of the changes in the real estate market. TIF Districts operate by diverting a portion of property tax revenue...more

"Purely Public Charities" in Pennsylvania. Back to the future – again.

A recent Pennsylvania Supreme Court decision has rekindled the issue of what constitutes a "purely public charity" for real estate tax exemption purposes in Pennsylvania. The decision may lead to a renewed interest of school...more

Voluntary Payments in Lieu of Taxes a Growing Trend Nationwide

As local governments continue to search for additional sources of revenue in times of fiscal uncertainty, a little known but long-standing mechanism is getting renewed attention. The concept of payments in lieu of taxes,...more

School Districts Across the Country Face Property Tax Refund Exposure

It may seem as though paying property tax refunds is only a problem for school districts in Illinois, or perhaps only for school districts in certain parts of Illinois. But school districts across the country face the...more

Real Estate Issues Related to Foreign Educational Programs

More than 260,000 U.S. Students Studied Abroad in 2008/2009 Academic Year • Although down by .8% cf’d to 2007/2008, more than half of campuses responding (55%) reported increases in 2009/2010 cf’d to 2008/2009...more

Divided Appellate Court Denies Tax Exemption for Sale-Leaseback Property

The Fourth District Appellate Court recently found that the Department of Revenue correctly denied a property tax exemption where a charitable organization sold a property to a limited liability company formed by a concerned...more

Illinois Appellate Court Refines the Role of Comparable Sales in Assessment Disputes

The Second District Appellate Court recently issued a decision addressing the role of comparable sales when determining a property’s fair market value under Illinois law. The decision, Board of Education of Meridian Community...more

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