News & Analysis as of

Commercial Real Estate Zoning, Planning & Land Use

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

ULI releases “What’s Next for Westfields”

by McGuireWoods LLP on

The Urban Land Institute has released the results of an in depth analysis of the future of the Westfields Corporate Office Park in western Fairfax County. This analysis was the product of a ULI Technical Assistance Panel...more

Valuing Underground Natural Gas Storage in Eminent Domain Proceedings

by Nossaman LLP on

In California eminent domain proceedings, a property owner is entitled to the “fair market value” of the property being acquired. Typically, fair market value is determined by analyzing comparable sales or by utilizing an...more

Oportunidad adicional para una mayor extensión de permisos de construcción y órdenes de desarrollo

Debido a la reciente declaración del gobernador Scott acerca del estado de emergencia por el virus del Zika, quienes cuenten con permisos y órdenes de desarrollo tienen otra oportunidad para suspender el período restante para...more

Leftover Land? When the Government Takes Part of Your Property, What Happens to the Rest?

by Faegre Baker Daniels on

So many questions arise when a landowner finds out that a government entity intends to condemn his or her property. When? Why? How will I get compensated? What can I do to protect my rights? There are even more uncertainties...more

Additional Opportunity for Increased Extension of Building Permits and Development Orders: Interested parties must notify issuing...

Due to Governor Scott's recent expansion of the State of Emergency issued for the Zika Virus, holders of permits and development orders have another opportunity to toll the period remaining to exercise rights under the permit...more

First Quarter CEQA Update in Under 60 Seconds

by Stoel Rives LLP on

Okay, maybe slightly longer than 60 seconds. The point being, though, that CEQA case updates really should not read like law school case briefs. Long discussion of the lower court’s findings? No thank you. ...more

Alabama CON Report

I. Certificate of Need Program - A. AL2017-012, Crowne Health Care of Springhill, LLC, Mobile, AL: Proposes to relocate twenty-six (26) nursing home beds from Crowne Health Care of Mobile, LLC, a 174-bed nursing home....more

[Event] Nossaman's 2017 Northern California Environmental and Land Use Seminar - May 18th, Walnut Creek, CA

by Nossaman LLP on

Join us for our first Environmental and Land Use Law Update in Northern California! This complimentary seminar will be comprised of panel discussions on a spectrum of critical federal and state environmental and land use...more

Additional Opportunity for Increased Extension of Building Permits and Development Orders

Due to Governor Scott’s recent expansion of the State of Emergency issued for the Zika Virus, holders of permits and development orders have another opportunity to toll the period remaining to exercise rights under the permit...more

West Coast Real Estate Update - April 2017 #1

by Holland & Knight LLP on

San Francisco Ordinance Invalidated in Victory for Landlords - In Coyne v. City and County of San Francisco, No. A145044 (Cal. Ct. App. Mar. 21, 2017), the California Court of Appeal invalidated a San Francisco...more

California Appellate Court Upholds Negative Declaration for County "Up-Zoning" Ordinance - Aptos Council v. County of Santa Cruz...

by Holland & Knight LLP on

Aptos Council v. County of Santa Cruz ruling also clarifies CEQA "Piecemeal" Doctrine - The Sixth District Court of Appeal's recent decision in Aptos Council v. County of Santa Cruz provides useful California...more

Preservation by Law May Become Par for the Course-Brookhaven Town Rezones Golf Courses

by Farrell Fritz, P.C. on

The Town of Brookhaven has engaged in efforts to preserve Long Island’s links and, last month, took the first steps towards fulfilling its endeavor. On March 2, 2017, the Brookhaven Town Board unanimously adopted two...more

Mike Knapek and Steven Dimitt Provide ‘Tips for Handling a RLUIPA Lawsuit’

by Jackson Walker on

Attorneys Mike Knapek and Steven Dimitt represent churches and religious institutions in matters related to the Religious Land Use and Institutionalized Persons Act (RLUIPA). In a recent article published by the American Bar...more

How to Effectively Manage Vapor Intrusion Risks When Acquiring and Developing Property

With increasing concern and attention being raised by regulatory agencies and the public on protecting building occupants from exposure to vapor intrusion (VI)-related contaminants, parties acquiring and developing property...more

Six Years in the Making, New Ch. 91 Flexibility Washes Ashore

Last month, MassDEP and the Massachusetts Office of Coastal Zone Management released long-awaited revisions to the regulations governing waterfront development in Massachusetts (the Chapter 91 regulations, the Designated Port...more

Time for Plan B? Amending a Planning Scheme.

by Reed Smith on

In today’s volatile markets the commercial viability of a project can change in the time it takes to implement a hard-won planning consent and even after works have begun. It may therefore be necessary to amend a scheme...more

Court dodges "Drone Slayer"

by DLA Piper on

A recent decision in the infamous "Drone Slayer" case answers some questions relating to the role federal courts will play as individuals seek to vindicate their property and privacy rights against UAS operators. But at the...more

Appellate Court Rejects CEQA Claims on Project Modifications Made After Final EIR Published

by Holland & Knight LLP on

California's Fourth District Court of Appeal has provided useful guidance on processing requirements for environmental review documents prepared under the California Environmental Quality Act (CEQA) when project modifications...more

Chicago Department of Planning and Development releases Industrial Corridor Modernization Framework Plan

by DLA Piper on

The Chicago Department of Planning and Development (DPD) has released its North Branch Industrial Corridor Modernization Plan. This framework plan is the first component of the City of Chicago's industrial corridor...more

East Hampton Considers New Laws Mandating Nitrogen-Reducing Sanitary Systems and Offering Rebates to Replace Existing Systems

by Farrell Fritz, P.C. on

The Town Board of the Town East Hampton (“Town Board”) is considering progressive new legislation that will require advanced nitrogen-reducing sanitary systems for all new commercial and residential construction and major...more

Fairfax County approves Zoning Ordinance Amendment to add flexibility to the Tysons PTC District

by McGuireWoods LLP on

On March 14, 2017, the Board of Supervisors approved an amendment to the Tysons PTC Zoning District that eliminated the FAR maximum of 2.5 for certain uses located within a Transit Oriented Development that is up to one...more

Update to the Comprehensive Plan for Tysons

by McGuireWoods LLP on

On March 14, 2017, the Fairfax County Board of Supervisors approved an update to the Comprehensive Plan for Tysons. Consistent with comments from industry representatives and the Tysons Partnership...more

Safety Issue Can Be “Hardship” Justifying A Zoning Variance

by Pierce Atwood LLP on

The Massachusetts standard for granting a zoning variance is notoriously difficult to meet. In a nutshell it requires proof that: (1) due to circumstances concerning soil conditions, the shape of the lot, or the topography...more

Regeneration of African Inner Cities

by Hogan Lovells on

It is said that the shift from rural to urban population is the most significant phenomenon since independence in most African countries. Projections indicate that by 2030, Africa’s population will exceed that of Europe,...more

Have We Seen the Last Dance for Quantitative Before Condition Goodwill Valuations?

by Nossaman LLP on

When a business is taken as a result of a public improvement, the business is entitled to seek compensation for, among other things, loss of business goodwill. Typically, this loss is calculated by measuring the business’...more

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