Residential Real Estate Zoning, Planning & Land Use

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Bursting at the Seams: Expanded “Purple Pipe” Requirements

Existing on-site water recycling requirements for toilets, urinals and landscaping have applied to buildings of 250,000 gross square feet or larger in the Reclaimed Water Use Map (the “Map”) area since November 2015. The Map...more

Securing Rights-of-Way to CO2 Pipeline Corridors in the United States

In the previous article in this series The Future of Carbon Dioxide Injection EOR in the United States, we discussed the sources and cost of CO2 supply for enhanced oil recovery (“EOR”) in the United States and the benefits...more

(US) With New Laws, It Just Got Easier to Demolish Blighted Properties in Pennsylvania

Blighted residential and commercial properties are a major impediment to rehabilitation and redevelopment efforts in cities and towns throughout Pennsylvania. However, late in the 2016 legislative term, the Pennsylvania House...more

Is There Practical Evidence of Climate Change?

A recent article in The New York Times titled: Perils of Climate Change Could Swamp Coast Real Estate, indicates that rising seas and storm-related flooding in Florida appear to be driven by climate change and may be having...more

Bilzin Sumberg Partner Calms Fears of Trump Hurting Miami Real Estate Market

Attorney James W. Shindell, Real Estate chair at Bilzin Sumberg, has a message for those who believe Donald Trump’s presidential election will hurt Miami’s real estate market: The sky is not falling. Shindell addressed...more

District of New Hampshire Denies Remand Under CAFA’s Local Controversy Exception

On November 30th, in Brown v. Saint-Gobain Performance Plastics Corp., United States District Judge Joseph Laplante of the District of New Hampshire denied plaintiffs’ motion to remand two related class action lawsuits based...more

Real News - Autumn 2016

Today the internet could not be more central to everything we do. It is a prime example of the impact of technology on our lives and the best illustration that we ignore technology at our peril. That applies to the old...more

Massachusetts High Court Draws Bright Line in Sand on Expansion of Easement Rights to Additional Land

In his recent blog post, “SJC Keeps Bright-Line Test for Overloading of Easements,” Pierce Atwood real estate partner Don Pinto discusses Taylor v. Martha’s Vineyard Land Bank Commission, a recent decision in which the...more

HUD and DOJ Release Updated Joint Statement on “State and Local Land Use Laws and Practices and the Application of the Fair...

On November 10, 2016, the U.S. Department of Housing and Urban Development and the U.S. Department of Justice released a “Joint Statement” providing updated guidance on the application of the federal Fair Housing Act to state...more

No Prescriptive Easement Over Registered Beach Lots That Expanded By Accretion

In an important decision for owners of waterfront property, a divided Appeals Court panel has ruled in a case of first impression that where registered land expands by accretion, the owner need not return to court to...more

Extend Development Orders and Building Permits for Almost One Year Due to Zika State of Emergency Extension - Interested parties...

Governor Scott, for the second time, has extended the State of Emergency issued for the Zika Virus. As a result, holders of development orders and building permits have another opportunity to claim a longer extension. The...more

Discover What’s Ahead for Miami’s Condo Market

Significant issues facing the residential real estate industry in the coming year will be the topic of discussion on Wednesday, November 30 at the Urban Land Institute Southeast Florida & Caribbean’s annual Miami Condo &...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

Housing is Top of Mind: Results of Bay Area Affordable Housing and Rent Control Measures

With rising housing costs remaining a priority concern for the region, affordable housing had a major presence on Bay Area ballots this November. As detailed below, voters in three municipalities and three counties across the...more

City of Portland on Fast Track to Adopt Inclusionary Zoning Requirements

More of Portland’s developers are about to find themselves in the affordable housing business. Whether they like it or not....more

San Francisco Election Results: Which Real Estate Measures Passed?

Prior to the November 8 election, we reported on the long list of local propositions on the San Francisco ballot, including a number of measures impacting real estate taxes, land use and governance. The results were of...more

Final D.C. Groundwater Well Requirements Will Impact Many Property Owners

The District of Columbia Department of Energy and Environment (DOEE) on Oct. 28, 2016, published final rules governing the construction, maintenance and abandonment of wells. The new regulations became effective immediately...more

Last Call for Opt-Out: Summary of Condominium Sprinkler Retrofit Requirements and Opt-Out Provisions

The deadline for opting-out of the Condominium Sprinkler Retrofitting Requirements is December 31, 2016. The following is a general summary of the state of the law for those who still need to opt–out or who want to review...more

Just Compensation for Contaminated Land

When a government agency or private party involuntarily takes your property (a proceeding called eminent domain or condemnation), you are entitled to receive "just compensation" for the property. In North Carolina, "just...more

Voters Overwhelmingly Approve ‘Build Better LA’ Initiative Resulting in New Affordable Housing and Local Hiring Requirements For...

Voters this week approved Measure JJJ, otherwise known as the Build Better L.A. initiative (the “Initiative”), which establishes new labor and affordable-housing requirements for developers in Los Angeles seeking...more

Evaluating a Project’s “Exacerbation” on Existing Environmental Hazards

Substantial Evidence Proving “Exacerbation” Required, California Appellate Court Says - A significant decision interpreting the scope of the California Supreme Court’s ruling in California Building Industry Association...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

SJC Keeps Bright-Line Test for Overloading of Easements

In its recent decision in Taylor v. Martha’s Vineyard Land Bank Commission, the Supreme Judicial Court (SJC) put the brakes on a trend toward eliminating bright lines in the enforcement of easement rights. The Facts...more

They Did What? Fire Sprinkler Industry Stunned by North Carolina Legislature’s Mistake in Removing Licensing Board’s Authority to...

North Carolina’s legislature mistakenly removed the authority for the State Board of Examiners of Plumbing, Heating, and Fire Sprinkler Contractors (“State Board”) to issue certain crucial industry licenses. On July 1, 2016,...more

Florida Development Permits Eligible for Extensions Due to Storms and Other Conditions

In accordance with Section 252.363, Florida Statutes, when the governor declares a state of emergency in Florida, the time to exercise rights under a permit, authorization or development order is tolled and an opportunity to...more

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