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Mitigating Damages: The Owner's Duty in a Condemnation Case

When a property owner is faced with a condemnation case, what is its responsibility for maintaining the property and reducing damages? In most cases, the owner still has a duty to responsibly care for the property....more

CEQA Guidelines Comments: Once In a Generation Chance

The California Environmental Quality Act (CEQA) directs that certain proposed projects undergo environmental review to assess and mitigate significant environmental impacts. The CEQA Guidelines provide procedures and...more

Real Estate and Land Use - September 2015 #2

Use It or Lose It: San Clemente Required to Refund $10 Million in Unused Impact Fees: Walker v. City of San Clemente (August 28, 2015, G050552) - Why It Matters: In a strict reading of a local agency’s...more

Governor Signs AB2 Allowing for a New Tool to Combat Blight in Disadvantaged Communities

After rejecting earlier attempts to revive redevelopment, Governor Jerry Brown signed Assembly Bill 2 on September 22, 2015, creating a new process to allow local governments to address blight in economically disadvantaged...more

State Lands Commission Land Exchanges Not Exempt from CEQA Review Absent a Title or Boundary Dispute; Actual Notice Doesn’t...

In Defend Our Waterfront v. California State Lands Commission (Sept. 17, 2015) __Cal.App.4th __, Case Nos. A141696 & A141697, the California Court of Appeal for the First District upheld the trial court’s grant of a petition...more

[Event] Nossaman's 2015 Environmental and Land Use Seminar - September 22nd, Newport Beach, CA

Nossaman will host a complimentary half-day seminar comprised of panel discussions on a spectrum of critical federal and state environment and land use issues, including new federal rules implementing the Clean Water Act and...more

Colorado Supreme Court Oral Argument Held in Case Deciding Whether Courts and Commissions May Overrule Each Other in Eminent...

In June, the Colorado Supreme Court held oral argument in a case that is set to shape the way condemnation actions will be tried to commissions in the future. In Colorado, a landowner has the right to choose whether a jury or...more

Use of Restrictive Covenants in the Zoning Process

Zoning categories and the uses that are allowable in each of them are subject to the possibility of amendment by the legislative body. This means that a property can apply to the planning authority to change his zoning...more

Are All Fraudulent Transfers Unfair or Deceptive Acts?

Courts almost always treat fraud claims as per se (automatic) violations of N.C. Gen. Stat. § 75-1.1. Does that mean that fraudulent transfers of assets, likewise, automatically support recovery under section 75-1.1?...more

Tax Increment Financing Implementation Changes Coming Soon

As many of you who are involved in developing projects in urban renewal or downtown development areas know, the principal method for financing such projects is tax increment financing (TIF). Tax increment financing is...more

As MassPort Boss Reminds Us, Boston Wouldn't Be The Hub without Fishing, Seafood

Tom Glynn was careful to describe Boston’s hottest new neighborhood as the South Boston Waterfront in an op-ed piece he wrote for the Boston Globe the other day. You would expect nothing different from the CEO of the...more

Is that Wetland Jurisdictional? A Practical Guide to the New Clean Water Rule

The Clean Water Rule recently issued by EPA and the Army Corps of Engineers defines the scope of federal jurisdiction over wetlands and other “waters of the United States.”[1] It’s effective on August 28, 2015, so you need...more

Changes in Real Estate legislation, Q2 2015 - Overview of the most important changes for the second quarter of 2015 in Russian...

Changes at the federal level - RF Federal Law ? 184-FZ “On Amendments to the RF Federal Law “On the State Real Estate Cadaster” and Article 6 of the RF Federal Law “On Special Economic Zones (SEZ) in the Russian...more

Trends in Urban Grocery Store Development in Washington, D.C.

Continuing our coverage of trends in urban grocery store development, this post examines recent and ongoing activity in Washington, D.C., which is a leader in grocery-anchored, mixed-use redevelopment projects. It’s not...more

N.C. Court of Appeals Denies Bid to Return Water/Sewer "Impact Fees"

Impact fees are defined, generally, as a charge on new development to pay for the construction or expansion of off-site capital improvements that are necessitated by and/or benefit the new development. Impact fees have been...more

Chicago Mayor Proposes Ordinance to Increase Transit-Oriented Development Near CTA, Metra Stops: 5 Key Changes, 2 Open Issues

Chicago Mayor Rahm Emanuel has introduced an ordinance to the City Council that would put in place key changes to the zoning ordinance’s transit-oriented development (TOD) provisions. The following summarizes five of the...more

Major Changes to District of Columbia Zoning Regulations

Effective in early 2016, the District of Columbia Zoning Commission will adopt a major overhaul of the zoning regulations. Although the overhaul is intended to simplify and update the 1958 zoning regulations, the new...more

Abu Dhabi Global Markets: New Regulations: Strata

The ADGM Strata Title Regulations 2015 (the “Strata Regulations”) introduce a set of strata specific laws which deal with the stratification of real estate interests situated within the Abu Dhabi Global Market (“ADGM”), which...more

Waters of the United States Are Not What You’d Expect

The U.S. Environmental Protection Agency and Army Corps of Engineers’ new rule defining “waters of the United States” covered by the Clean Water Act (“CWA”) provides a good example of what can happen when a simple term gets...more

Real News - Summer 2015

Welcome to the summer edition of Real News, DLA Piper’s quarterly guide to key developments in English and Welsh real estate law. In this edition:- - Jon Gaskell looks at recent changes made to the CDM...more

Courts Continue to Reject Claims That Reasonable Reliance on Public Agency Representations Establishes an Entitlement to an...

Property owners should not rely on courts to uphold equitable estoppel claims against local agencies to establish an entitlement to an existing use of property. Under the doctrine of equitable estoppel, a public agency may be...more

Doin' the Deed: State Conveys 300 Acres of Urban Property to City of Raleigh

We've blogged in the past about the political saga between the City of Raleigh and the State of North Carolina over the Dorothea Dix property in downtown Raleigh, a 300-plus acre piece of lovely real estate. And you thought...more

Recent Developments in Retrofit Liability of Publicly Accessible Properties

If you own or invest in an older, publicly accessible property that does not comply with new regulations, you may be at risk of substantial liability. Retrofitting older properties to comply with new legal requirements and...more

Lujo y cultura detrás del crecimiento de Miami como un destino para los más ricos

La ciudad de Miami sigue figurando como uno de los destinos mundiales principales para los extremadamente ricos. Según el Informe anual sobre la riqueza (The Wealth Report) de Knight Frank de 2015, Miami ocupa el sexto lugar...more

CT Law of the Land

Week of July 6 - In June 2015, the Connecticut Appellate Court issued two significant land use decisions summarized below. In the first decision the Court analyzed when a town’s zoning regulation might be deemed void...more

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