Energy & Utilities Commercial Real Estate

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Final Regulations Define “Real Property” for REITs: Considerations for Renewable Energy and Transmission Assets

The recently released final regulations are generally consistent with the 2014 proposed regulations in their treatment of renewable energy and transmission assets, with several useful clarifications provided. ...more

Banking & Financial Services E-Note - September 2016

In an article published in the September / October issue of Commercial Real Estate Investment Magazine, Drew Demers provides guidance on how commercial loans and bank-owned real estate sales have changed due to growth in...more

Sustainable Development Update - September 2016 #2

Sustainable Development Focus - CleanFund finances $3.5M for California projects - Bisnow - Sep 19 - San Francisco-based CleanFund closed six transactions in California totaling about $3.5 million. Property...more

CaliforniaFirst PACE Program Finances Clean Energy Projects for Commercial Property

Property assessed clean energy (PACE) programs are an innovative mechanism for financing energy efficiency and renewable energy improvements on private property. They also present a number of challenges to investors—for one,...more

Texas Supreme Court to Hear Case on “Capability of Production” Under Shut-In Clause

On Sept. 2, the Texas Supreme Court granted review in a case that may clarify when a shut-in well’s capacity for production in paying quantities is determined. In BP America Production Company v. Red Deer Resources, LLC, No....more

Sustainable Development Update - September 2016

Sustainable Development Focus - Hollywood office building takes the gold - Commercial Property Executive - Aug 23 - Kilroy Realty Corp. has earned two LEED Gold certifications for 469,000 square feet of the...more

Real Estate and Land Use - August 2016 #3

Supreme Court Clarifies Valuation Rules on Potential for Future Exactions - City of Perris v. Stamper S217738 (Cal. Supreme Court, July 21, 2016) - Why it matters: The California Supreme Court reexamined the rules...more

Solar Industry Update: Clearing the Path for More Solar in the Sunshine State

In yesterday’s primary election, Florida voters approved Amendment 4, granting the Florida Legislature’s request for authority to exempt the value of solar improvements from commercial property taxes....more

Municipal Condemnation of Privately Held Utilities Continues to be a Hot Issue, but at what Cost?

In January, I spoke at a conference in Austin about efforts by municipalities to condemn privately-held utility companies. At the time, I figured it would be a one-off presentation on a pretty niche issue, even for eminent...more

Sustainable Development Update - August 2016 #4

Sustainable Development Focus - Kilroy Realty Corp. takes sustainability seriously, with a green office vision that's evolving - San Francisco Business Times - Jul 28 - Kilroy Realty Corp. takes sustainability...more

Scotland: The Assessment of Energy Performance of Non-domestic Buildings Regulations 2016 - Buildings on the market before 1...

The Assessment of Energy Performance of Non-domestic Buildings (Scotland) Regulations 2016 come into effect on 1 September 2016. From that date, owners of pre 2002 non-domestic buildings or "building units" in Scotland with a...more

Renewable Energy Update - August 2016 #3

Renewable Energy Focus - Kick-off for California offshore - reNEWS - Aug 16 - The U.S. has taken a major step forward in offshore wind development in the deep waters off the coast of California. The Bureau of...more

Sustainable Development Update - August 2016 #3

Sustainable Development Focus - Freddie Mac announces multifamily green building financing initiative - Energy Collective - Aug 13 - Freddie Mac announced last week their Multifamily Green Advantage program, a...more

Another Step Toward North Carolina Offshore Wind: Proposed Offshore Wind Farm Lease Announced

The U.S. Department of the Interior has just announced the next step in the years-long process toward the development of wind energy facilities off the coast of North Carolina. In a notice published in the Federal Register...more

Solar Industry Update:  What’s on the Back of My Ballot? What Amendment 4 Is All About

If you vote by mail, then you’ve likely already received your August 30 primary ballot with a proposed amendment to the Florida constitution on the back. It is Amendment 4, and it is the only amendment on the primary ballot....more

Virginia DEQ to Revise Risk Assessment Protocols

The Virginia Department of Environmental Quality (“DEQ”) is preparing to implement revised risk assessment protocols for many of its site cleanup programs. DEQ’s new approach is called the Virginia Unified Risk Assessment...more

Do the Provisions of the Judicial Code Automatically Apply in Eminent Domain Cases? The Commonwealth Court Recently Said No.

On June 22, 2016, the Pennsylvania Commonwealth Court decided the case of Township of Millcreek v. Angela Cres Trust of June 25, 1998, 1725 C.D. 2015, which decided whether 42 Pa.C.S. § 5505 applies to eminent domain cases. ...more

Sustainable Development Update - August 2016

Sustainable Development Focus - REIT reporting standards for sustainability lack consensus REIT.com - Jul 29 - There are roughly a dozen or so real estate sustainability standards competing for the attention...more

The Cost of Clarity: IRS Issues Regulations Addressing Proper Treatment of Code Section 50(d) Income

On July 21, 2016, the IRS issued long-awaited regulations under Section 50 of the Internal Revenue Code (the “Code”) clarifying the manner in which “Section 50(d) Income” is to be recognized in lease pass-through investment...more

IRS Issues Proposed Rules on Income Inclusion under Section 50(d)(5)

The IRS just published long-awaited temporary regulations under section 1.50-1T governing the section 50(d)(5) income inclusion rules. These rules apply to lessees of investment credit property when the lessor elects to treat...more

Sustainable Development Update - July 2016 #4

Sustainable Development Focus - San Diego climate plan means big potential for jobs - Next City - Jul 22 - San Diego’s Climate Action Plan (CAP), which debuted in December, is the first municipal climate plan...more

It Is Not Just About the Money

Early intervention by property owner counsel can sometimes result in convincing condemning authorities to alter either their project or the rights sought to prevent catastrophic consequences to the owner and massive just...more

IRS Releases Temporary and Proposed Regulations Under IRC Section 50(d)(5)

On July 21, 2016, the IRS released temporary regulations section 1.50-1T under IRC Section 50(d)(5) of the Internal Revenue Code (the "Temporary Regulations") (TD 9776) that provide guidance regarding: (1) the income...more

The New Gold Standard for Building Performance - PEER

Electricity-grid vulnerabilities were deeply exposed in the wake of Superstorm Sandy and its associated storm surge, as a single outage at a substation caused a sweeping black-out across downtown Manhattan, New York. Making...more

Sustainable Development Update - July 2016 #2

Sustainable Development Focus - Money flows into batteries for buildings, power grid - Fortune - Jul 11 - Over the past half decade, the solar market has boomed thanks to falling solar panel prices. Now the...more

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