Residential Real Estate Zoning, Planning & Land Use

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Where Subdivision Access Is Uncertain, Approval of the Subdivision Must Be Contingent Upon Judicial Resolution

In the case of Shinn v. Bd. of Comm’rs of Clearwater Cnty., released June 17, 2014, the Idaho Supreme Court covered some new ground and revisited some old ground....more

2014 Legislative Changes Affecting Condominiums, Homeowners Associations, Cooperatives and Timeshares

The 2014 Florida Legislature passed new legislation related to the operation and development of condominiums, homeowners associations, cooperatives, and timeshares. ...more

Property Reserve on Hold: Supreme Court to Review Eminent Domain Right of Entry Statutes

Just a few months ago, the California Court of Appeal handed down a significant decision in Property Reserve v. Superior Court which nearly eviscerated public agencies' ability to make use of the statutory "right of entry"...more

Sierra Club v. County of Fresno

Why it matters: The court refined its previous test for air quality impacts analysis under CEQA, and required recirculation of an EIR due to its failure to specifically analyze the impacts on human health resulting from the...more

Homebuilder Confidence Rises to Six Month High

Good news for the homebuilding industry came earlier this week when the National Association of Homebuilders/Wells Fargo released the housing market index. Its numbers showed that homebuilders’ confidence rose to 49 points...more

Land Banking Comes to Birmingham

On Tuesday, May 6, 2014, the City of Birmingham joined a number of other municipalities in a vote to authorize a Land Bank Authority. The Birmingham City Council passed the resolution to establish a land bank in hopes of...more

Government to Remove Rules Preventing Short-Term Renting of Residential Properties in London

The rules were introduced by the Greater London Council (General Powers) Act 1973 (and amended by the Greater London Council (General Powers) Act 1983). Under these Acts, use as temporary sleeping accommodation in exchange...more

What's a ROG and Can It Hurt Me? EIR Overturned For Failure to Explain Air Quality Impacts to Human Health

In Sierra Club v. County of Fresno (Cal. Ct. App. 5th Dist. May 27, 2014), the Fifth Appellate District found fault with the County of Fresno’s (County) review of the Friant Ranch Project (Project) under the California...more

BIA Proposes Rule Revisions for Rights-of-Way on Indian Lands

On June 17, 2014, the Bureau of Indian Affairs (BIA) published proposed revisions to 25 CFR Part 169, whereby the new rule seeks to comprehensively update and streamline the process for obtaining BIA grants of Rights-of-Way...more

Iowa Court of Appeals Rejects Argument to Impose Implied Warranty upon Land Developers

On April 16, 2014, land developers and sellers breathed a sigh of relief after the Iowa Court of Appeals ruled that a purchaser of a residential building lot cannot sue the land developer for perceived deficiencies with the...more

EIR Air Quality Analysis Insufficient: Lack of Specificity Regarding Human Health Impacts, Mitigation Measure Enforceability, and...

Faced with an appeal of the Superior Court of Fresno’s approval of a controversial Environmental Impact Report, the Fifth District Court of Appeal reversed and found that the challenged EIR violated the California...more

UPDATE*: Understanding Philadelphia Zoning Law

Moving a project through the Philadelphia zoning process can seem like a daunting task – even after Philadelphia entirely revamped its zoning code. This article will familiarize applicants with the zoning process and help...more

Leading Markets Index Shows 56 Metros at or Above Normal Levels in June

The National Association of Home Builders (NAHB) recently released its Leading Market Index (LMI) on June 5th. The report revealed that out of 350 metros evaluated across the country, 56 housing markets have returned to or...more

B.C. Supreme Court Sets Aside B.C. Surface Rights Board Rent Review

In reasons released on May 30, 2014, the B.C. Supreme Court set aside the B.C. Surface Rights Board’s compensation award to a landowner in northern B.C. and remitted the case back to the Board for reconsideration: Progress...more

Changes to the local approval and contribution requirements under the Maryland QAP

Proposed changes under the Maryland Qualified Allocation Plan (QAP) would eliminate the “local approval” requirement and replace it with an opportunity for the political subdivision in which the project is located to comment...more

10 Development Due Diligence Considerations

New development projects are on the rise again. Here is a quick checklist of 10 issues to consider before getting started on any development project...more

“CEQA-in-Reverse” Case Headed for the California Supreme Court

“CEQA-in-Reverse” - Real estate developers, public agencies and private businesses involved in land development or redevelopment may soon have to contend with a new far-reaching interpretation of the California...more

Increased Density Mixed-Use Development the Future of Wynwood

Miami’s Planning, Zoning and Appeals Board has approved a change in the city zoning ordinances that would allow the densest mixed-use building in the area to be constructed. ...more

Real Estate Tip: The Case of the Shrinking Easement

Unlike most states, Massachusetts land transactions may be “registered” in a procedure conducted at the “Land Court.” The Land Court’s own engineering department reviews survey plans before registration is final. In this...more

Entry Barred: California Precondemnation Entry Statutes Declared Unconstitutional in Some Circumstances

Provisions of California’s Eminent Domain law known as the “entry statutes” have for decades provided a mechanism for a condemnor, prior to initiating condemnation proceedings, to obtain a court order allowing it to enter...more

New Standard for Environmental Assessments Gaining Traction

The American Society for Testing and Materials ("ASTM") standard for Environmental Assessments was revised in 2013 for the first time since 2005. The Department of Housing and Urban Development has now adopted the updated...more

Tenant Opposition May Justify Rejection of Mobilehome Park Conversion Bid

If a mobilehome park owner proposes to convert the park from a tenant community into a resident-owned community, then pursuant to state law, a certain proportion of the residents in the park must give consent via tenant...more

Fifth District Says Show Me the Health Impacts, Not Just the Numbers

In a decision that will likely impact projects all across the state, the Court of Appeal for the Fifth Appellate District issued its second major CEQA decision of the year, finding that when a project will result in pollutant...more

2-year extensions of development orders and building permits - File before December 31, 2014 in order to receive a 2-year...

Bilzin Sumberg's Government Relations & Land Development Group is keeping its finger on the pulse of recent legislation that may affect you. If you have a current permit or development order which is scheduled to expire...more

CEQA Alert: Court of Appeal Rules that EIR Must Analyze Correlation Between Project’s Incremental Impact on Air Quality and Impact...

In Sierra Club v. County of Fresno (opinion filed 5/27/14; link below), California’s Fifth Appellate District held that the County violated the California Environmental Quality Act (CEQA) by failing to adequately analyze,...more

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