Education Commercial Real Estate

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Citizens for a Green San Mateo v. San Mateo County Community College District

Why it matters: The 30 day statute of limitations for CEQA challenges was upheld to bar litigation alleging that a project, as constructed, was different from how that project was described in the CEQA document....more

School Facilities

KMTG continues our series of updates on new legislation signed by Governor Brown. All laws became effective January 1, 2014, unless otherwise stated. School Facilities: Sale of Surplus Real Property; Return of State...more

Schools and Community Colleges Banned from Using Sole Source Procurement for Prop. 39 Funded Projects: Contracts Must Be Awarded...

Many California school districts and community college districts are gearing up to perform, or are in the process of performing, energy efficiency improvements and renewable energy projects with funds derived from Proposition...more

How Educational Institutions Can Capitalise on Real Estate Assets

With investment pouring into the education sector, academic institutions have never been in a stronger position to capitalise on costly real estate assets to fuel future expansion. Research suggests the public and private...more

Court of Appeal Upholds Invalidation of Parcel Tax That Differentially Taxes Commercial and Residential Property; Legislature...

The court of appeal recently upheld its previous ruling that a parcel tax approved by Alameda Unified School District (“District”) voters violates the Government Code’s restriction that special taxes apply “uniformly to all...more

Charter Schools: Leasing a surplus building from the District of Columbia

The District of Columbia has a special program to lease surplus buildings to Charter Schools. Read Roberta Colton's article to find out the details. and best practices....more

Maine Supreme Court Clarifies Property Tax Exemption For Non-Profits

In a case watched closely by Maine’s non-profit organizations, the Maine Supreme Judicial Court has held that Hebron Academy, a private secondary school, was exempt from property tax on its various school buildings. The...more

Legislature Expands Definition of "Direct Cost" Relating to Reimbursement for Use of Civic Center Act Facilities

SB 1404 expands the scope of direct costs that school districts can recover for allowing Civic Center use of its facilities. The new legislation, which went into effect January 1, 2013, amends Education Code section 38134,...more

Court of Appeal Grants Petition for Rehearing in School District Parcel Tax Case

The court of appeal in Borikas v. Alameda Unified School District (--- Cal.Rptr.3d ----, Cal.App. 1 Dist., December 6, 2012; re-hearing granted January 7, 2013) held that the school district did not have the authority to...more

Legislative Update: SB 1404 Expands Scope Of Costs That A School District Can Charge for Civic Center Use of Facilities

KMTG is continuing our series reviewing new legislation. Unless noted otherwise, the new laws take effect January 1, 2013. Senate Bill 1404 amends Education Code section 38134, known as the Civic Center Act, which...more

WSJ Article Reveals How Other States Equalize Education Funding

A recent article in the Wall Street Journal details how the soaring value of Texas oil fields has not resulted in much additional revenue for local school districts. In Karnes City, Texas, an eightfold increase in the value...more

Statute of Limitations Doesn’t Apply in UConn Law Library Lawsuit, State Supreme Court Rules

The Connecticut Supreme Court recently reversed, in a unanimous published opinion, a trial court's entry of summary judgment in favor of 27 defendants involved in the allegedly defective design and construction of the...more

Student Housing: Things that can make you go bust in the boom

While ground up development has dried up in many sectors, off-campus student housing is one commercial real estate sector where development is booming. Unlike what other sectors are experiencing, there is both demand and...more

Upscale Retirement Complex Denied Religious and Charitable Property Tax Exemptions

The Second District Appellate Court recently upheld the Department of Revenue’s denial of a property tax exemption for the Village at Victory Lakes in Lindenhurst, Illinois, which is a continuing care retirement community...more

PA School Districts Seek to Increase Property Taxes of Selected Businesses

A new and growing trend in the field of property tax assessment continued this summer, as school districts in the eastern part of the state filed what could be a record number of appeals of selected property owners’ tax...more

New Study Shows Declines in TIF Revenues

Tax Increment Financing (TIF) Districts throughout Illinois are experiencing declines in revenues as a consequence of the changes in the real estate market. TIF Districts operate by diverting a portion of property tax revenue...more

"Purely Public Charities" in Pennsylvania. Back to the future – again.

A recent Pennsylvania Supreme Court decision has rekindled the issue of what constitutes a "purely public charity" for real estate tax exemption purposes in Pennsylvania. The decision may lead to a renewed interest of school...more

Voluntary Payments in Lieu of Taxes a Growing Trend Nationwide

As local governments continue to search for additional sources of revenue in times of fiscal uncertainty, a little known but long-standing mechanism is getting renewed attention. The concept of payments in lieu of taxes,...more

School Districts Across the Country Face Property Tax Refund Exposure

It may seem as though paying property tax refunds is only a problem for school districts in Illinois, or perhaps only for school districts in certain parts of Illinois. But school districts across the country face the...more

Real Estate Issues Related to Foreign Educational Programs

More than 260,000 U.S. Students Studied Abroad in 2008/2009 Academic Year • Although down by .8% cf’d to 2007/2008, more than half of campuses responding (55%) reported increases in 2009/2010 cf’d to 2008/2009...more

Divided Appellate Court Denies Tax Exemption for Sale-Leaseback Property

The Fourth District Appellate Court recently found that the Department of Revenue correctly denied a property tax exemption where a charitable organization sold a property to a limited liability company formed by a concerned...more

Illinois Appellate Court Refines the Role of Comparable Sales in Assessment Disputes

The Second District Appellate Court recently issued a decision addressing the role of comparable sales when determining a property’s fair market value under Illinois law. The decision, Board of Education of Meridian Community...more

Illinois Supreme Court Clarifies Calculation of Interest on Property Tax Refunds

Last week, the Illinois Supreme Court settled the question of how interest should be calculated on property tax refunds when it ruled on General Motors Corporation v. Pappas. This follows the Illinois General Assembly’s...more

NEW ADA Regulations Regarding the Presence and Use of Service Animals in Local Governmental Buildings and Programs, Including...

NEW ADA Regulations Regarding the Presence and Use of Service Animals in Local Governmental Buildings and Programs, Including Public Schools ...more

The Extraordinary Internship Experience

Most everyone can recall a bad internship experience. You might have been the intern being mentored and getting a hands-on learning experience. Or perhaps you were the one doing the mentoring and managing. Either way, it left...more

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