Construction Zoning, Planning & Land Use

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Housing Building Jumps in April

According to newly released data from the U.S. Department of Commerce, home builders have ratcheted up construction in April to a seasonally adjusted annual rate of 1.135 million units. This is a 20.2% increase from March and...more

A Watershed Moment for Business, Industry, and Agriculture: EPA Releases Final Clean Water Rule

On May 27, 2015, the United States Environmental Protection Agency ("EPA") and Army Corps of Engineers jointly released a final rule clarifying what bodies of water are subject to federal jurisdiction under the Clean Water...more

Ballard Spahr provides comments to HUD’s proposed rule on Section 3 regulations

As a follow up to our March 24, 2015 and April 1, 2015 posts, the U.S. Department of Housing and Urban Development (HUD) published a notice updating the interim regulation at 24 CFR Part 135, which provides for compliance...more

DC Circuit Holds Groups Lack Standing to Challenge Two Controversial U.S. Fish and Wildlife Service Settlement Agreements

On Tuesday, May 26, 2015, the U.S. Court of Appeals for the District of Columbia Circuit rejected the National Association of Home Builders’ and three other associations’ (collectively, NAHB) challenge to separate settlements...more

The Essential Guide to UK Real Estate

This Essential Guide provides an overview of the legal and regulatory issues likely to affect developers, occupiers and investors in UK real estate. Real estate - Real estate law in England and Wales can trace...more

When It Comes to Property Acquisitions and Private Development, Timing May Be Everything

As the old adage goes, the three most important things to consider with real estate are location, location, and location. But any developer who has lived through a real estate cycle, and any public agency that is under a...more

Luxury & Culture Behind Miami’s Growth as a Destination for the Wealthy

The City of Miami continues to emerge as a top global destination for the über-wealthy. According to Knight Frank’s annual Wealth Report (2015), Miami is ranked 6th globally, 2nd in the U.S. and will remain among the world’s...more

The 411 on the New 415 Location of the Golden State Warriors

You can feel the buzz here in the Bay Area as the Golden State Warriors enter Game 4 of the NBA Playoffs following a 35 point upset over the Houston Rockets on Saturday, and a chance tonight to sweep the series and head to...more

Governor Signs Legislation Ending the Development of Regional Impact Program for New Development

On Thursday, May 14, 2015, Governor Scott signed into law CS/CS Senate Bill 1216, now Chapter 2015-30, Laws of Florida. This historic piece of legislation eliminates the Development of Regional Impact (DRI) process...more

Major Revision to Development of Regional Impact Review Process Passed by 2015 Florida Legislature; Awaits Action By Governor

On April 24, the Florida House of Representatives added its approval to CS/CS Senate Bill 1216, an omnibus growth management bill. Most significantly, for new projects that are not currently exempt, the bill replaces the...more

Money, Dirt & Steel: Spring 2015 NC Real Property Litigation Update

MONEY: GUARANTORS CAN NOW RELY ON G.S. §45-21.36 VALUE DEFENSES - By statute in North Carolina, G.S. §45-21.36, certain obligors may defend a deficiency action where the bank is the successful bidder by arguing...more

Northern Long-Eared Bat Listed as Threatened Species – Development Projects in Northern New England Could Be Affected

On April 2, 2015, the U.S. Fish and Wildlife Service (Fish & Wildlife) issued a final rule listing the Northern Long-Eared Bat (NLEB) as a threatened species under the Endangered Species Act (ESA). This listing took effect...more

Bill to Streamline Federal Permitting for Major Energy and Infrastructure Projects Advances in the US Senate

On May 6, 2015, the US Senate Committee on Homeland Security and Governmental Affairs voted 12-1 in favor of a bill designed to streamline the Federal permitting process for major energy and infrastructure projects. The bill,...more

Development Community Comments on Recent GFA Memo

Recently, the Arlington County subcommittee for NAIOP met with Bob Duffy and members of the County staff to discuss the County’s February 9, 2015 Memo regarding policies related to GFA calculation for site plan projects in...more

University of California Issues Draft RFP for UC Merced 2020 Project

The Regents of the University of California, on behalf of the University of California, Merced, issued a draft Request for Proposals (RFP) for the UC Merced 2020 Project on May 7, 2015. The draft RFP was provided to the...more

Bill introduced in Senate to create permanent LIHTC rate floors

On May 5, 2015, Senators Maria Cantwell (D-WA) and Pat Roberts (R-KS) introduced the “Improving the Low-Income Housing Tax Credit Rate Act” (S. 1193), which would create a permanent 9% minimum low-income housing tax credit...more

Construction Law Update - May 2015

Today’s newspapers in the central Pennsylvania area have been fraught with concerns and questions regarding the construction of the William’s gas pipeline running from the Marcellus Shale areas of Pennsylvania to the east...more

Construction Law Advisory - May 2015

In This Issue: - Beware of penny bidding: Contractors could be stuck footing the bill for differing site conditions - Pennsylvania Supreme Court weighs whether good faith refusal to pay is a factor in awarding...more

Unanimous Approval for 2025 Clarendon Boulevard

On March 14, 2015, the County Board of Arlington County unanimously approved a 4.1 Site Plan Special Exception, Rezoning and General Land Use Plan Amendment to allow Carr Properties to build over 195,000 square feet of office...more

Thousands of applicants are willing to accept NYC “Poor Door” building

The Housing Plus Blog has previously reported on the “Poor Door” controversy on August 14, 2014 and September 3, 2014. The New York Times reported on April 20, 2015 that 88,000 people applied for the 55 units located in the...more

B.C. Court Allows Environmental Approvals Delay Claim to Proceed

In Carhoun & Sons Enterprises Ltd. v. Canada (Attorney General), the British Columbia Court of Appeal allowed a lawsuit to proceed against the federal government by a private developer for losses caused by delays in the...more

California Supreme Court Hears Oral Argument Over City’s Inclusionary Housing Set-Aside

On April 8, 2015, the California Supreme Court heard oral argument in California Building Industry Association v. City of San Jose (Affordable Housing Network of Santa Clara County et al.), S212072, a case with statewide...more

2015 Ontario Budget: Full Speed Ahead for Infrastructure

On April 23, 2015, the Ontario government (Province) released its 2015 budget, entitled “Building Ontario Up” (Budget). As the title would suggest, the Budget emphasizes Ontario’s plans for the future with respect to...more

2015 Ontario Budget: Full Speed Ahead for Infrastructure

On April 23, 2015, the Ontario government (Province) released its 2015 budget, entitled “Building Ontario Up” (Budget). As the title would suggest, the Budget emphasizes Ontario’s plans for the future with respect to...more

The “Up” House is “Up” for Sale

You might remember the 2009 Pixar/Disney 3-D animated movie “Up,” about an aging widower, Carl Frederickson, who learns to let go of his past and live his dream of moving he and his beloved late wife’s “clubhouse” to a cliff...more

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