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A New Tool for Developing and Financing Public and Private Infrastructure: Enhanced Infrastructure Financing Districts

Even as the state's economy continues to improve, local governments continue to struggle to find ways to meet the state's backlog of infrastructure needs, including water, transportation, energy, affordable housing and more....more

For Wind Developers: Tax Increment Financing Law – Near Miss at the Legislature

Good news! For those of you following the potential impact of LD 581, An Act to Clarify the Municipal Development District Law, on wind development in the state, please note that on April 27, 2015, the Joint Standing...more

The Basics of Commercial Real Estate Transactions: Important Contract Contingencies

Prior posts have discussed initial considerations in the purchase of commercial real estate and conducting due diligence prior to closing the deal. Today’s focus will now turn to contingencies often found in commercial real...more

Under the Dome: Inside the Maine State House

Under the Dome: Inside the Maine State House provides a high-level overview of recent activity at the Maine State House. Budget Work Continues, Gains Momentum in Appropriations - As the clock ticks towards 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

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

Guests Laura DeVivo and Angel Sams Explain the N.C. General Assembly's Recently-Concluded and Critical "Crossover" Period

The "crossover" period has just ended in the North Carolina General Assembly, which is an inflection point for pending bills in each session. Here with a wonderful explanation of what "crossover" means, both technically and...more

CFPB settles action against land developers for ILSA violations

The CFPB recently announced that it had entered into a consent order with a land-development company and several individuals involved in the company’s operations to settle charges that the respondents violated the Interstate...more

Bill Would Create New Category of Tax-Exempt Bonds, Tax Credits for P3 Projects

On May 4, 2015, U.S. Senate Finance Committee Ranking minority member Ron Wyden, an Oregon Democrat, and Senator John Hoeven, a Republican from North Dakota, introduced legislation entitled the "Move America Act of 2015,"...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

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

Mello-Roos May Be Used to Fund Condemnation Action of Private Utility Provider

Those of us living in newer neighborhoods are familiar with Mello-Roos – it shows up on our annual tax bills as a way to pay off bonds issued to finance various public improvements, such as schools, streets, and parks that...more

Real Estate: Foundation - April 2015

In this issue: - How NMTCs Benefit Real Estate Community Development Initiatives - Noteworthy Real Estate Deals - What’s Your Priority? An Open-Ended Examination of Pennsylvania’s Mechanics’ Lien...more

Reinstatement of a LIHTC LURA following foreclosure

Note: This post is the final part of a continuing series on the Credit Report Blog on the subject of workouts and bankruptcies involving low-income housing tax credit (LIHTC) projects....more

Enhanced Infrastructure Districts: A Flexible New Tool for Local Governments

After the dissolution of California redevelopment agencies (RDAs) in 2011, many local governments desired a tool to raise capital to invest in infrastructure and community revitalization. On September 29, 2014 SB 628 was...more

El Paso RAD transaction converting 1,590 units at 13 sites closes

On April 9, 2015, the Housing Authority of the City of El Paso (HACEP) and its development, private equity and lending partners closed Phase I of the largest Rental Assistance Demonstration (RAD) project in the country. Hunt...more

A Skimmed Plan Nord: Keeping in Line with Quebec’s Current Economic Landscape

The Quebec government first launched its Northern Plan, le “Plan Nord”, in 2011 with great fanfare. The Plan Nord seeks to develop Quebec’s vast territory north of the 49th parallel, which covers 72 per cent of the province...more

Phoenix Project: Atlantic City Can Rise From The Ashes

Most of the news from the Atlantic City Boardwalk over the last couple of years has not been promising. Several of the massive casino resort properties there have closed and/or slipped into bankruptcy, and the resale or...more

Will U.S. Export-Import Bank Financing of Australian LNG Projects be Cast Adrift on the “High Seas” by the Endangered Species Act?

We have previously reported on cases in which opponents to energy projects continue to expand their challenges to include not just direct sponsors of the projects, but their financial supporters as well. In particular, we...more

A Purchaser Who Doesn’t Inquire May Be Teeing Up For Failure

Picture this: While on the hunt for new development opportunities, you stumble across a golf course in the middle of a high-end community, and you think this would be the perfect spot for more houses, or a retail center, or...more

N.C. Court of Appeals Addresses Common Affirmative Defenses In Commercial Foreclosure Context

A recent opinion from the North Carolina Court of Appeals addresses some common borrower defenses within the context of foreclosure and statute of frauds issues: compromise and settlement, accord and satisfaction, the...more

Innovation Districts

Last year representatives of a coalition of 11 organizations started meeting to discuss the continued development and expansion of Oklahoma City’s bioscience and technology sectors. Among other matters, the group discussed...more

Condominium unit ILSA sales exemption now effective

Effective March 25, 2015, the sale of condominium units are no longer subject to the registration requirements of the Interstate Land Sales Full Disclosure Act (ILSA) under a new exemption. This new exemption applies only to...more

Why Miami Offers Attractive Opportunities to Chinese Investors

More so than ever, wealthy Chinese investors are actively seeking returns abroad when it comes to real estate investments. China’s 2014 GDP growth of 7.4% was the slowest since 1990 and China’s growth outlook is gloomy due to...more

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