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Affordable Housing is an Economic Development Benefit

When we think of economic development opportunities that lead to greater prosperity, we are likely to think of major employers such as factories, corporate offices, universities or health care centers. ...more

Land Subsidence Damage Caused by Groundwater Withdrawals in Arizona: Who Pays?

Land subsidence is a problem that affects many areas of the world, with well-publicized case studies in Mexico City, Tokyo, and certain areas within California and Arizona. ...more

The City of Fairfax and Affordable Housing

Legislation proposed in the Virginia House of Delegates would give the City of Fairfax specific authority to adopt an affordable housing ordinance offering bonus development density in projects that provide an affordable...more

Positive Signs for New Home Construction

For homebuilders and those who invest in the homebuilding industry, both fundamental and technical indicators forecast strength in the construction sector going into 2015. With regard to fundamental indicators, rising...more

Proposed Main Extension Rules May Impact Developers

Developers and other interested parties still have time to submit comments on the State’s proposed regulations on utility main extensions; the deadline is January 30, 2015. The proposed regulations, published in the New...more

Real Estate Index Possibly Obscuring Full Picture

Although recent index readings and reports proclaim that South Florida’s housing market is among the hottest in the nation, developers and investors might want to take a closer look at current inventory levels and comparisons...more

County Modifies Road Impact Fee Schedule With New Ordinance

The Miami-Dade County Commission adopted Ordinance 14-122, effective December 12, 2014, making several modifications to the County's Road Impact Fee schedule. A notable change is that the timing of the Road Impact Fee Present...more

Construction & Land Use Newsletter - December 2014

In This Issue: - Protecting Your Brand: A Gift Not Reserved for the Holidays - Amendment to the Interstate Land Sales Full Disclosure Act - Changes are Coming to ISD - Arlington’s New LEED...more

Real Estate Tip: Should Developers Select Selective Enforcement?

Let’s say you and 20 other drivers are exceeding the speed limit and the police give you, but no one else, a speeding ticket. Analyzing your fate requires using a legal concept called “selective enforcement.” This principle...more

Is the Party Over? New Jersey Permit Extension Act to Expire Unless Legislature Acts

Members of New Jersey’s development community are wondering: “Is the permit extension party over?” For the last six years, approved development projects have received the protection of the New Jersey Permit Extension Act...more

New Condominium Exemption To The Interstate Land Sales Full Disclosure Act

As we previously reported, a significant amendment to the Interstate Land Sales Full Disclosure Act (ILSA) becomes effective on March 26, 2015. HR2600 adds an exemption from registration for a “condominium unit.” This is a...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

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

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

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

The Construction Advantage – Issue 10

Wyoming Supreme Court Concludes Contractor to Pay For Damages In Excess of Original Project Cost - An opinion released in a mid-August from the Wyoming Supreme Court concluded that repair damages were appropriate in a...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

City of Lakewood Adopts Ordinance to Encourage Condominium Construction and Reduce Construction Defect Litigation

On Monday, October 13, 2014, the City of Lakewood became the first Colorado municipality to adopt legislation intended to encourage construction of “for sale” multifamily projects by mitigating the risks to developers and...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

Dr. Seuss Explains "Zoning Reform"

It's not every day that an adult discussion about zoning reform begins with a reference to children's poetry, but so be it. Most [Real Estate Bar Association for Massachusetts] REBA members have at least a passing...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

FHA Multifamily Rental Project Closing Document Revisions

The U.S. Department of Housing and Urban Development (HUD) has released revised closing documents that must be used for all transactions with a commitment issued after August 10, 2014. HUD has instituted a grace period in...more

Dealing With NIMBYs in Local Land Use and Environmental Approval

A developer or property owner may have a permit application for a project that meets the criteria for the applicable regulations, and might receive approval from local government or environmental staff. At that point, the...more

AB 2222 Restricts Use of State Density Bonus Law

On September 27, 2014, Governor Brown signed AB 2222, which amended sections of the State Density Bonus Law (Gov. Code §§ 65915, 65915.5 ["DBL"]). The main purpose of the bill is to require developers to replace all of a...more

Completed Condominium Units to be Exempted from ILSA Registration Requirements

A bill exempting completed residential condominium units from the burdensome registration provisions of the Interstate Land Sales Act (“ILSA”) was passed by the U.S. Senate on September 18, 2014, after earlier passage by the...more

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