Commercial Real Estate Zoning, Planning & Land Use

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Canadian Real Estate Brokerage Expands U.S. Reach Through South Florida Purchases

Canadian Real Estate Brokerage Avison Young, Inc. recently expanded its U.S. reach when it announced last week that it entered into a definitive agreement to acquire Miami-based commercial real estate brokerage and property...more

MIA Expansion Indicative of City’s Economic Growth

For signs of economic growth in Miami, look no further than Miami International Airport, or as Miamians call it, “MIA.” In the past couple of years, MIA has experienced incredible growth. It is recognized as the number one...more

Pa. Gas Utility May Use Eminent Domain to Supply Private Power Plant

A Lycoming County, Pennsylvania, judge recently authorized a natural gas public utility to use its eminent domain power in condemning easements for the construction and maintenance of a pipeline to supply gas to a private...more

How to Speak Storm Water in 2015: Terminology from the New Industrial General Storm Water Permit

As my colleague Missy Foster recently reported, the deadline for compliance with California’s new Industrial Storm Water permit (2014 Permit) is fast approaching. There is a lot to learn about the 2014 Permit before it takes...more

Virginia Federal Court Clarifies RLUIPA Standing Requirements & Dismisses Substantial Burden Claim

In an important decision, the court in Aldon, LLC v. City of Newport News, Virginia (E.D. Va. Nov. 20, 2014), clarified the standing requirements under RLUIPA. Few courts have addressed RLUIPA’s standing requirements. The...more

New RLUIPA Suit: Mount Zion Church of God in Christ v. City of Garden City, Kansas

Garden City, Kansas is being sued under the Religious Land Use and Institutionalized Persons Act (RLUIPA), the U.S. Constitution, and state law over allegations that it has discriminated against a local church, Mount Zion...more

Community Redevelopment Law Conflict-of-Interest Rules Apply to Successor Agencies

California Attorney General Weighs In on Rule That Will Impact Members of Successor Agencies’ Governing Boards and Employees - The California Attorney General recently opined that the conflict-of-interest rules under...more

PTAB Issues Decision in Long-Running Open Space Assessment Battle

The Illinois Property Tax Appeal Board (PTAB) recently issued a decision finding that the clubhouse, parking lot, swimming pool, and tennis courts at a golf club are not entitled to favorable treatment as open space. The...more

New Markets Tax Credits for Real Estate Development

The new markets tax credit (‘‘NMTC’’) was added to the Internal Revenue Code as §45D2 by the Community Renewal Tax Relief Act of 2000.3 Initially the program was to provide allocations of the tax credit through 2007, but has...more

Governor Brown Signs into Law AB 229 and SB 628, Giving New Life to Tax Increment Financing

In late September, Governor Brown signed into law AB 229 and SB 628, which are intended to finance public capital facilities or other specified projects of communitywide significance previously financed by redevelopment...more

Commercial Landlord Citing Lease Terms to Prevent Stores from Closing on Thanksgiving Day

It's rare that an ordinary commercial lease term can make national news, at least indirectly. Some higher-profile stores are bucking the Holiday trend this year and refusing to open on Thanksgiving day. Costco, Lowe's...more

Florida’s Medical Marijuana Amendment Defeated, but Zoning Issues Loom for Charlotte’s Web Law

In our previous post about the legal challenges that have been raised in the wake of the State of Florida’s establishment of selection rules for the issuance of licenses for growing and selling medical marijuana pursuant to...more

Going Multijurisdictional - Laying the groundwork for shared business parks

It is a basic, universally accepted fact that in order for an area to win new recruitment projects—and in some cases retain expansions of an existing company facility that will be on a site other than its current...more

All Shook Up: California's Fragmented Earthquake Safety, Seismic Safety Upgrade and Seismic Hazard Disclosure Laws

The recent Napa earthquake caused significant damage to buildings in the historic downtown areas of the cities of Napa and Vallejo, and brought to the fore the limited extent to which California law requires seismic safety...more

California Environmental Law and Policy Update - October 2014 #5

Environmental and Policy Focus: Federal Appeals Court rejects challenge to new highway linking LA and Long Beach - Courthouse News Service - Oct 31: The 9th Circuit Court of Appeals affirmed a district court ruling...more

Land and Buildings Transaction Tax: Residential and non-residential property

The Land and Buildings Transaction Tax ("LBTT") will replace Stamp Duty Land Tax ("SDLT") in Scotland on 1 April 2015. LBTT is being introduced under the Land and Buildings Transaction (Scotland) Act 2013 ("the 2013 Act"),...more

California Update: New Laws Give Residential and Commercial Tenants Rights to Install EV Charging Stations and Streamline...

Last month Governor Brown signed AB 2565, which gives residential and commercial tenants new rights to install electric vehicle (EV) charging stations, and AB 2188, which directs cities and counties to streamline permitting...more

ULI Releases Report on Risks of Urban Flooding

The Boston/New England chapter of the Urban Land Institute (“ULI”) has released a report exploring design, policy and risk management strategies to help Boston and nearby cities such as Cambridge and Revere prepare for...more

Lakewood Passes Construction Defect Action Reform

On October 13, 2014, Lakewood’s City Council passed Ordinance O-2014-21, which reforms the process for handling construction defect claims on condominium projects in the City of Lakewood. The ordinance has three primary...more

Lincoln Road Property Prices Soar

Lincoln Road property values are soaring to new heights with tenant rents and property prices at record highs. Dating back to the 1920s, Lincoln Road has seen its share of transitional decades, but experts say this time it’s...more

Property Owners' Alert: Newly Effective Statutory Requirements for Installation of Water-Conserving Plumbing Fixtures

The real estate industry and the media recently have been focused on the updates to the Title 24 energy regulations (24 California Code of Regulations, Part 5) that became effective on July 1, 2014, and the increased costs in...more

Downtown Los Angeles Real Estate is Taking Off

Once considered an area of Los Angeles that had virtually nothing to do after 5pm, downtown Los Angeles is experiencing a development boom. Sure, part of it is due to the fact that our regional economy is on an upswing. But...more

2d Cir Extends Williamson County Ripeness "Final Decision" Requirement To ADA Claims

Ah, Williamson County. We've ranted about it before, so we won't do so here (again). But takings mavens know that a property owner must meet two tests before she can raise a takings claim against a state or local government...more

Second Circuit Restores Litchfield Synagogue's Lawsuit

A lawsuit filed by a Litchfield Jewish organization has been reinstated, giving the group new hopes it will ultimately win approval to build a 20,000-square-foot synagogue and community center near the historic...more

Los Angeles is the New Magnet for Real Estate Investment

After so many years of being off everyone’s screen, Los Angeles has suddenly become one of the hottest markets for real estate investment. Roger Vincent’s article of October 4, 2014, in the Los Angeles Times provides some of...more

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