Commercial Real Estate Zoning, Planning & Land Use

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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

Philadelphia Reduces Requirements for Certifications for Continued Real Estate Tax Exemptions

The Philadelphia Office of Property Assessment (OPA) recently mailed 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

OPA Makes It Easier for Tax-Exempt Owners of Real Property To Recertify Tax Exemptions

The Office of Property Assessment (OPA) has simplified the process for owners of tax-exempt real estate in Philadelphia to recertify that their properties are, in fact, tax-exempt. The OPA's original notices to property...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

Real Estate and Land Use - March 2015

Be Careful What You Agree To (City of San Marcos v. Loma San Marcos, LLC) - Why It matters: The Court of Appeal affirmed the trial court decision upholding an agreement between the City of San Marcos and a property owner...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

Locke Lord QuickStudy: Shades of Sheppard?

In Wagner & Brown, Ltd. v. Sheppard, 282 S.W.3d 419 (Tex. 2008), the Texas Supreme Court held that the termination of Sheppard’s lease (Sheppard was the Lessor) did not terminate her participation in a unit into which her...more

Lake Elsinore to use Eminent Domain to Expand Serenity Park

On Tuesday, the Lake Elsinore City Council adopted a Resolution of Necessity to acquire a 2+ acre property in order to expand Serenity Park. As Michael Williams describes in his article “City hopes to take over boat launch,”...more

The Pop-Up Regulatory Maze

Pop-up retail establishments, or “pop-ups,” generally refer to stores, restaurants, or events with a short duration. Pop-ups are typical for seasonal retail products, like Christmas or fireworks, but they have become common...more

Superior Court of New Jersey Pierces the “LLC” Veil, Holding Sole Member Liable for Environmental Liabilities

On February 26, 2015, in Coty US LLC v. 680 S. 17th Street LLC, the Superior Court of New Jersey, Chancery Division, pierced the veil of a New Jersey limited liability company and held its sole member liable for environmental...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

Sacramento Kings Win Again; Second CEQA Challenge Rejected

Saltonstall v. City of Sacramento (2/18/2015, 3d Civil No. C077772). The Court of Appeal for the Third Appellate District of California has ruled in favor of the City of Sacramento with regard to a series of challenges...more

EU Court limits the scope of environmental liability for new owners of polluted land

The Court of Justice of the European Union (the “CJEU”) has shed light on the application of the “polluter pays” principle in the context of the EU’s Environmental Liability Directive. The judgment, handed down on 4 March...more

Coastal Flooding and Resiliency: New Challenges and Opportunities for the Commercial Real Estate and Finance Industry

Virginia, North Carolina and other mid-Atlantic coastal communities are no strangers to severe weather and related storm surges and flooding. However, many of these communities are experiencing storm surges and tidal and...more

Arlington County Board Revisits the Retail Action Plan

On January 20, during a special work session (open to the public) the County Board considered updates to the Arlington County Retail Action Plan (the “Retail Plan"). County Board members met with Arlington Economic...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

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

The Impact is Being Felt

The University of Miami held its fourth annual Real Estate Impact Conference on February 18th at the JW Marriott Marquis Miami in Downtown Miami. In front of a standing room only crowd of approximately 600 people, both local...more

Philadelphia Nonprofit Property Owners Must Submit Forms by March 31 to Maintain Tax Exemption

Nonprofit organization owners of tax-exempt real estate located in Philadelphia have been receiving letters from the Philadelphia Office of Property Assessment (OPA) concerning forms they must file to enable their properties...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

Pa. Supreme Court Denies Equitable Tolling of Oil and Gas Lease’s Primary Term

Last week, the Pennsylvania Supreme Court, on certification from the United States Court of Appeals for the Third Circuit, ruled that the primary term of an oil and gas lease would not be equitably tolled during the pendency...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

Pennsylvania Superior Court: Storage Activities Hold Production Rights Under "Dual Purpose" Lease

The explosion of natural gas production in the Appalachian Basin in recent years has led to litigation involving landowners trying to get out of existing oil and gas leases to take advantage of the fierce competition among...more

Water District Not Liable In Inverse Condemnation When Water Pipe Breaks and Damages Property

California’s infrastructure is aging. There have been numerous reports of water line breaks and gas line leaks, and public agencies have been moving quickly to upgrade their utilities to minimize these risks and satisfy...more

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