Residential Real Estate Energy & Utilities

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The Rule Against Perpetuities is Alive and Enforceable in Oklahoma

Today we venture into Oklahoma, to be instructed on the Supreme Court’s treatment of the Rule Against Perpetuities. First, the Rule: No property interest is good unless it must vest, if all, not later than 21 years after...more

Green Energy Can Complicate Real Estate Foreclosures

A quick drive through almost any newer residential community in the Southwest will show that a lot of residents are embracing “Green Energy” or renewable energy by placing solar panels on their properties. While most people...more

Gavel to Gavel: Shifting water courses may affect property rights

As anyone who has spent significant time near a western Oklahoma river is likely aware, our water courses tend to be shallow, with beds composed of loose, sandy soil. These characteristics make western Oklahoma rivers...more

Option Contract Ruling Reversed by Texas Supreme Court.

North Shore Energy v. Harkins interpreted an Option Agreement between landowners and a producer over a 400 acre tract. In football they would say the Texas Supreme Court pancaked the plaintiff. In the law, some would call it...more

Supreme Court of Ohio Will Not Follow Any "Rules" for Mineral Royalty Disputes

In a decision that resulted in three separate opinions, the Ohio Supreme Court in Lutz v. Chesapeake Appalachia, L.L.C., Slip Opinion No. 2016-Ohio-7549, refused to answer a question certified from a federal court regarding...more

Sustainable Development Update - November 2016 #2

Sustainable Development Focus - ULI Tenant Energy Optimization Program launched Urban Land - Oct 27 - A new ULI program that helps office tenants design and manage their spaces to reduce energy consumption...more

West Coast Real Estate Update: November 2016 #1

New Study Finds $6.7 Billion of Private Investment Along Foothill Gold Line - According to a new study, the extension of the light rail line east of Los Angeles, known as the Foothill Gold Line, has attracted billions...more

Operator – Don’t Get Burned by Paying an Insolvent Contractor

Just received notice of a Texas subcontractor’s mineral lien? DO NOT continue to pay the contractor. He hasn’t paid the subcontractor. Think you owe nothing on the well on which the lien will be filed? Think what you owe the...more

Limitations on Community Association-Imposed Solar and Renewable Energy Restrictions

Due to its climate, Florida – the “Sunshine State” – is ideally situated to take advantage of unlimited and environmentally friendly solar energy. In the last two decades, the price of solar collectors has dropped...more

California Adopts Measures Targeting Multifamily Residential Buildings for Water Conservation

In an effort to encourage water conservation throughout California, Gov. Jerry Brown recently signed a bill into law that will require the owner of any multi-unit residential development constructed after Jan. 1, 2018 to...more

Sustainable Development Update - October 2016 #4

Sustainable Development Focus - New LEED version to spur green building - Commercial Property Executive - Oct 20 - Green energy continues to advance, with a major milestone set for November 1. That’s when...more

Financing Increased Demand On Pre-Existing Services Constitutes “Additional Services”

California Court Decision Rules on Mello-Roos Community Facilities Act of 1982 - Community Facilities Districts formed by a landowner vote may be used to finance increased demand on pre-existing services, a California...more

Sustainable Development Update - October 2016 #3

Sustainable Development Focus - San Francisco’s Treasure Island project wins top green rating - Commercial Property Executive - Oct 14 - The U.S. Green Building Council (USGBC) has awarded LEED-ND...more

Supreme Court Allows Early Challenges to Wetlands Jurisdictional Determinations

The U.S. Supreme Court has ruled that a property owner can go to court to challenge a determination by the Army Corps of Engineers (Corps) that part of the property is “waters of the U.S.” or connected wetlands and therefore...more

Sustainable Development Update - October 2016 #2

Sustainable Development Focus - When it comes to sustainable building, cost still major barrier reports new survey - Proud Green Building - Oct 5 - Sustainable building practices are becoming more common,...more

Sustainable Development Update - October 2016

Sustainable Development Focus - Irvine Company an ‘Energy Champion’ - Orange County Business Journal - Sep 30 - The California Energy Efficiency Industry Council named Newport Beach-based Irvine Company...more

Sustainable Development Update - September 2016 #3

Sustainable Development Focus - California school district to save millions - Solar Industry Magazine - Sep 29 - The Colton Joint Unified School District (CJUSD) in California and SunPower Corp. have announced...more

County Counsel Teamwork: The Exide Story

Justice: (1) the principle or ideal of just dealing or right action; (2) conformity to this principle or ideal The concept of environmental justice is straightforward, the pathway to practical solutions are often...more

New California Law Amends Water Supply Planning Laws

Water Supply Sufficiency Analyses Must Consider Groundwater Sustainability - Gov. Jerry Brown has signed Senate Bill 1262 into law, representing an initial attempt to incorporate groundwater management requirements under...more

Your daily dose of financial news - The Brief – 9.16.16

The DOJ has reportedly proposed an eye-popping $14 billion settlement with Deutsche Bank to resolve MBS-related probes, though insiders caution that this is likely an outsized opening bid and that the ultimate settlement will...more

Assigning By “Stratigraphic Equivalent”? Be Careful

How many of your mineral conveyances are described like this: … all of Sellers’ right, title and interest in and to (a) the oil, gas and other minerals in, to and under the lands … ONLY INSOFAR as such oil, gas and other...more

Preparing for FHA PACE: What Mortgagees Need To Know Before September 17

The U.S. Department of Housing and Urban Development (HUD) and Federal Housing Administration (FHA) issued Mortgagee Letter 2016-11, which specifically permits properties encumbered with a Property Assessed Clean Energy...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

Louisiana Partition Agreement: You Can’t Trade What You Don’t Own

Square Mile Energy LLC v. Pommier considered this language in a Louisiana partition agreement: “N.B: Included in this transfer are any and all mineral rights, when available, to Roxanne and all surface rights.” Did this...more

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