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N.C. Court of Appeals Addresses Common Affirmative Defenses In Commercial Foreclosure Context

A recent opinion from the North Carolina Court of Appeals addresses some common borrower defenses within the context of foreclosure and statute of frauds issues: compromise and settlement, accord and satisfaction, the...more

Law Amends Property Assessed Clean Energy (PACE) Programs in Virginia

On March 25, 2015, Virginia Governor Terry McAuliffe signed into law Chapter 389 of the 2015 Acts of Assembly (the Amendments). The Amendments modify Virginia's existing laws regarding property assessed clean energy (PACE)....more

Stemming the Blight: New Jersey Supreme Court Affirms Eminent Domain Powers

The New Jersey Constitution provides for taking of blighted property for the purposes of development, redevelopment or to clear such property of blight. ...more

Recent California Decisions Reinforce Need for Care in Electronic Contracting

In mid-1999, the National Conference of Commissioners on Uniform State Laws, responding to an intensifying reliance on electronic communications and a corresponding need for clarity as to the legal enforceability of...more

Fourth Circuit Upholds U.S. Army Corps of Engineers' Finding of Jurisdiction Over 4.8 Acres of Wetlands in Chesapeake, Virginia

On March 10, 2015, the United States Court of Appeals for the Fourth Circuit held that the U.S. Corps of Engineers (Corps) had lawfully denied a permit to an applicant seeking to fill 4.8 acres of wetlands in order to build...more

If You Can’t Stand the Heat…

Are you a developer or landlord of commercial or residential multi-let premises? Are those premises supplied with heat by either a communal heating system or a district heating system?...more

UK Budget – Residential Property – Changes To ATED/ CGT

The Chancellor confirmed in his budget yesterday the extension of the Annual Tax on Enveloped Properties (ATED) to lower value properties, effective 1 April 2015....more

Federal Government Takes First Steps to Impose Regulation of Hydraulic Fracturing on Public Lands

On March 20, 2015, the Interior Department announced the issuance of a final rule regulating hydraulic fracturing on Federal and American Indian lands. The rule was initially proposed by the Bureau of Land Management (“BLM”)...more

The Game Changers in Transforming Miami

On February 25, 2015, Suzanne Amaducci-Adams moderated the first event in the Greater Miami Chamber of Commerce’s three-part series, Transforming Miami: The Game Changers Series. With intimate knowledge of Bilzin Sumberg’s...more

OSHA’s Recordkeeping Rules Now Apply to Real Estate Industry Sectors

For the past 40 years, OSHA has required the majority of employers with ten (10) or more employees to maintain records of workplace illness, injury, or death. Those same employers are also required to post the annual summary...more

Reducing the risk for Property Professionals of money laundering in UK real estate

Scale of money laundering in UK real estate - Transparency International UK, the anti-corruption organisation, highlighted the risk of money laundering in the high-end UK real estate market in its report published last...more

California Supreme Court’s CEQA Ruling Reaches Beyond Residential Development

On Monday March 2, the California Supreme Court handed down a decision allowing a Berkeley home builder to use an exemption from detailed environmental assessment under the California Environmental Quality Act (“CEQA”) in its...more

The Electronic Communications Code - Security of Tenure

This is our second article on the Electronic Communications Code. A key issue for operators to be aware of when entering into agreements with landowners or occupiers for the siting of telecoms apparatus on their land is...more

Important Alert for Commercial Owners/Landlords and Brokers/Agents: Changes to California Dual Agency Disclosure Laws Effective...

Effective January 1, 2015, California law requires real estate brokers and agents to provide their clients and prospective clients with specific new disclosures, including an initial disclosure form regarding the nature of...more

Quebec Environment Minister Aims to Modernize Environmental Approval Process

On February 25, 2015, the Quebec Minister of Sustainable Development, Environment and the Fight against Climate Change David Heurtel, announced a proposal to modernize the current environmental authorization regime provided...more

Best in Law: Tug-of-War Over Changing Prop. 13 Remains Intense

A “split roll” might sound like something you would find in a bakery. But in fact, it is a real property tax concept that has been the subject of a tug-of-war since Proposition 13 was overwhelmingly passed by California...more

The Electronic Communications Code - Some Basics

The Electronic Communications Code (“Code”) provides statutory rights to telecommunications operators to install and maintain electrical communications apparatus in, over or under land. The principle of the Code is that no...more

Prospective Real Estate Purchasers Should Demand ASTM E 1527-13 Environmental Phase I Reports

Beginning on October 6, 2015, the United States Environmental Protection Agency (EPA) will require prospective purchasers of real estate to use the new ASTM E1527-13 Phase I Environmental Assessment (Phase I) standard (2013...more

How Hard Does it Have to Rain Before the Government is Liable for a “Condemnation Cloud?”

Public projects take years of planning and environmental review usually involving outreach to neighboring property owners and other stakeholders. During this process, potential right of way impacts are identified and property...more

Philadelphia Tax Exempt Property Owners Must Reapply for Exemption by March 31, 2015

The Philadelphia Office of Property Assessment (OPA) has begun mailing notices to each owner of property listed as tax exempt on the OPA’s records indicating that the owner must file a form to certify that the property...more

Forbear or Beware: Are Forbearance Agreements the Solution to California Creditors' Nightmares?

In commercial and real estate disputes, the creditor oftentimes agrees to settle his claim for a discounted amount payable in fixed installments over time, but, at the same time, the creditor requires the debtor to secure its...more

Major Verdict in Electric Utility Easement Case

More than five years after starting in state court before later restarting in federal court, a federal court jury in Missouri has issued a major verdict in litigation concerning the use of electric utility easements for...more

Idaho Real Estate & Development Law Update: No Action for Negligence When a Title Company Errs in Preparing Legal Description for...

In the case of Cummings v. Stephens released September 19, 2014, the Idaho Supreme Court reiterated some settled rules about when a title insurance company can be found liable for negligence. In the case, a title company...more

Abu Dhabi Global Market: Real Estate Strata Title Regulations

Consultation Paper No. 6 of 2015: Real Property Regulations & Strata Title Regulations - On 6 January 2015, the Abu Dhabi Global Market (“ADGM”), the newly created free-zone and international financial centre located...more

Real Property Tax Review is Especially Critical in an Upward Trending Market – The 2015 Real Property Tax Appeal Season Has...

Property owners should be receiving their annual property tax assessment notices (post cards) from the municipal assessor’s office at this time. Receipt of this assessment notice indicates that it is time to determine whether...more

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