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FTA Publishes Guidance on Joint Development

Earlier this week, on August 25, 2014, the Federal Transit Administration (“FTA”) published Circular 7050.1, providing much anticipated guidance for grantees interested in pursuing joint development projects within FTA’s...more

PART TWO: Unmanned Aircraft Systems (“UAS”) – aka Drones Legal Issues: Where Are We Headed?

There have been almost daily news stories about the advent of Unmanned Aerial Vehicles (“UAVs”), also referred to as “drones,” and how commercial usage is expected to explode over the next several years. There have been...more

Miami-Dade Keeping up with National P3 Trends

As discussed in our last post about national and local developments in public-private partnership (P3) legislation, Florida is keeping up with the P3 trend and Miami-Dade County is not far behind. Miami-Dade’s Citizens...more

Supreme Court Ruling Represents Major Shift for Railroad Rights of Way

This week, the Supreme Court ruled that the United States Forest Service could not construct a trail on an abandoned railroad right of way (ROW) that crosses through private property. Brandt v. United States, No. 12-1173,...more

2013 Livable Communities Study Released

On October 18, the Los Angeles Business Council (LABC) and UCLA professor, Paul Habibi, released the 2013 Livable Communities Report: A Call to Action. The report picks up from Habibi’s 2012 analysis, Building Livable...more

Legislature Passes Arena Bill

Governor Brown signed into law Senate Bill 743 (“SB 743”) on September 27, 2013. The bill amends the Public Resources Code to streamline the environmental review for the new downtown arena in Sacramento and eliminate...more

2013 CEQA and Land Use Legislative Roundup: Baby Steps, Few Leaps as California Remains Committed to Sustainable Policies

Although 2013 was not a banner year for the passage of new environmental legislation, Governor Brown did sign several bills that make modest changes to the California Environmental Quality Act (CEQA), revisit incentives for...more

Virginia Supreme Court Opinions Affecting Local Government Law October 31, 2013

The Virginia Supreme Court issued new opinions this morning, some of which affect local government law. Here they are (summaries taken from the Virginia Supreme Court website, click on the Record Number to read opinion)...more

Airports Lounges Aren’t Just for VIPs: Tips for Business Travelers

Airports Lounges Aren’t Just for VIPs: Tips for Business Travelers by Gary Cucchiara on September 17, 2013 Now that airlines have taken away most of the comforts of flying, airport lounges can be an oasis for weary...more

The City of Hayward Ready for an Eminent Domain Battle, Among Others...

In July, the City of Hayward passed several resolutions of necessity to acquire property for its Interstate 880 / State Route 92 Reliever Route Project. The Project will extend Whitesell Street to provide access to State...more

California Supreme Court Weighs in on the CEQA Projected Baseline Issue

On August 5, 2013, the California Supreme Court issued its decision in Neighbors for Smart Rail v. Exposition Metro Line Construction Authority (S202828), which attempted to answer once and for all whether a lead agency can...more

Oil And Gas Law Insight: With Oil Reserves Estimate Doubled In Williston Basin, Opportunities For Growth Abound

The U.S. Geological Survey has doubled its previous estimate of the amount of recoverable oil within the Williston Basin to 7.4 billion barrels. While the Bakken formation is still a star in the play, the potential of the...more

Beware: The Failure To Challenge Government Access Modifications To Your Property Can Destroy Its Utility

Access to and from the highway is critical for most every business that depends on consumer traffic or deliveries by large truck. Customer convenience begins with easy entry into and exit from a property. Loss of direct...more

NH Supreme Court Reverses Recent Decision Regarding Restrictions On Excavation Permitting

In a November 16, 2012 alert, we discussed the New Hampshire Supreme Court’s November 9, 2012 decision in Town of Carroll v. Rines. That decision concluded that state law preempts certain municipal restrictions on excavation...more

Perfect Storm for CEQA Reform In 2013? Former Govs Weigh In

Hot on the heels of Governor Jerry Brown’s 2013 State of the State address, which raised the need for CEQA reform (as noted in my immediately-preceding blog post), a trio of former California governors has echoed and...more

2012 Eminent Domain Year in Review & 2013 Forecast

As we look back on 2012, it was unquestionably a busy year. Federal funds continued to make their way to local projects and shovels continued to break ground for infrastructure projects. The potential use of eminent domain...more

Port Miami’s Development Improve Sea, Road, And Rail Access

We recently mentioned the Port of Miami’s ambitious development plans in the context of the several major public projects taking place in South Florida. Among these projects, it is clear that the activity at the Port is of...more

When is a Resolution of Necessity Tainted By Prior Agency Obligations?

One of the prerequisites to instituting an eminent domain action is the governing agency's adoption of a resolution of necessity to acquire the necessary property. At the time of adopting the resolution, the agency cannot be...more

Supreme Court Holds Temporary Flooding Can Be A Taking

After passing on a number of Fifth Amendment issues in recent history, the U.S. Supreme Court is scheduled to hear three cases this term in which the takings clause plays a prominent role. And today, the Court addressed the...more

Court Decision on Loss of Goodwill Results in Sour Grapes for Business Owners

California is one of only a few states in which a business may recover for loss of goodwill when property is taken by eminent domain, but even here there are limitations on a business' right to recover for such damages. ...more

P3s Everywhere You Look

There are currently a lot of construction hats at Miami-area transportation facilities. The Miami International Airport has recently opened its newly constructed North Terminal and new MIA Mover people mover system, and...more

The Evolution of Smart Growth: The new mantra of land-use planning.

Originally published in Western Real Estate Business - October 2012. In land-use planning, as in other fields that respond to developing trends, yesterday’s truth becomes tomorrow’s heresy. Housing and development...more

Google real estate director John Igoe - San Francisco Construction & Development Summit  [Video]

Google real estate director John Igoe said Google wants to push the boundaries of building just like it does the Internet, and went straight to the question of public infrastructure and Caltrain at the Allen Matkins/Bisnow...more

Private Rail Project "All Aboard Florida" To Debut in 2014 as Excitement Grows About Florida Real Estate Development Turnaround

Here in Florida, one of the big things that those in the real estate industry are watching - and excited about - is the announcement by Florida East Coast Industries (FECI) of their new project, “All Aboard Florida,” which...more

Permits for the construction and commissioning of capital construction

Ministry of Regional Development is authorized to issue permits for the construction and commissioning of capital construction....more

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