Transportation Zoning, Planning & Land Use Commercial Real Estate

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Updates to CEQA Guidelines for Transportation Impacts Analysis Under SB 743

On January 20, 2016, the Governor’s Office of Planning and Research (“OPR”) released a revised draft of thresholds for measuring transportation impacts under the California Environmental Quality Act (“CEQA”). These draft...more

Purple Line Continues to Move Forward

The Maryland Court of Appeals issued an opinion on January 22, 2016 holding in favor of Montgomery County, Maryland that the future Purple Line (the proposed light rail between Bethesda and New Carrollton that includes a stop...more

Menlo Park Grade Separations – On Track

The City of Menlo Park is proceeding with two transportation projects. The first one, an undercrossing to separate bicycles and pedestrians from rail traffic at Middle Avenue, received the green light from the City Council...more

Top Ten Stories in California Construction for 2015

Cranes, cement trucks, and street closures seem to be everywhere these days, especially in city centers such as San Francisco and Los Angeles. After the meltdown of 2006, real estate development went into hibernation for...more

BIA Finalizes Reforms for Obtaining Rights of Way on Indian Lands

On November 19, the Bureau of Indian Affairs (BIA) published a final rule that makes sweeping changes to the process for obtaining rights of way for proposed oil and gas pipelines, electric transmission lines, railroads,...more

Chicago Mayor Proposes Ordinance to Increase Transit-Oriented Development Near CTA, Metra Stops: 5 Key Changes, 2 Open Issues

Chicago Mayor Rahm Emanuel has introduced an ordinance to the City Council that would put in place key changes to the zoning ordinance’s transit-oriented development (TOD) provisions. The following summarizes five of the...more

Miami-Dade County Proposed Budget Confirms Dedication To P3s

Last week Miami-Dade County Mayor Carlos Gimenez introduced the County’s FY 2015-16 Proposed Budget and Multi-Year Capital Plan. A review of the budget’s line items confirms the County’s dedication to the use of...more

Transit Dis-Oriented Development?

Over the last decade-and-a-half, Massachusetts, particularly eastern Massachusetts, has begun to truly embrace the tenets of transit oriented development (TOD). After some fits and starts, our state, once viewed as somewhat...more

Is Urban Renewal Miami’s Next Economic Engine?

Miami may soon join the ranks of other major U.S. metropolises boasting innovative urban trail projects that have transformed neighborhoods and ignited a firestorm of private investment. ...more

The Impact is Being Felt

The University of Miami held its fourth annual Real Estate Impact Conference on February 18th at the JW Marriott Marquis Miami in Downtown Miami. In front of a standing room only crowd of approximately 600 people, both local...more

Appellate Court Notes

- SC19298 - Getty Properties Corp. v. ATKR, LLC Defendants appealed eviction judgments against them for a series of gas stations located on properties owned by the plaintiffs. Getty Properties Real Estate Investment...more

County Modifies Road Impact Fee Schedule With New Ordinance

The Miami-Dade County Commission adopted Ordinance 14-122, effective December 12, 2014, making several modifications to the County's Road Impact Fee schedule. A notable change is that the timing of the Road Impact Fee Present...more

MIA Expansion Indicative of City’s Economic Growth

For signs of economic growth in Miami, look no further than Miami International Airport, or as Miamians call it, “MIA.” In the past couple of years, MIA has experienced incredible growth. It is recognized as the number one...more

Supreme Court Ruling Represents Major Shift for Railroad Rights of Way

This week, the Supreme Court ruled that the United States Forest Service could not construct a trail on an abandoned railroad right of way (ROW) that crosses through private property. Brandt v. United States, No. 12-1173,...more

2013 CEQA and Land Use Legislative Roundup: Baby Steps, Few Leaps as California Remains Committed to Sustainable Policies

Although 2013 was not a banner year for the passage of new environmental legislation, Governor Brown did sign several bills that make modest changes to the California Environmental Quality Act (CEQA), revisit incentives for...more

Virginia Supreme Court Opinions Affecting Local Government Law October 31, 2013

The Virginia Supreme Court issued new opinions this morning, some of which affect local government law. Here they are (summaries taken from the Virginia Supreme Court website, click on the Record Number to read opinion)...more

The City of Hayward Ready for an Eminent Domain Battle, Among Others...

In July, the City of Hayward passed several resolutions of necessity to acquire property for its Interstate 880 / State Route 92 Reliever Route Project. The Project will extend Whitesell Street to provide access to State...more

California Supreme Court Weighs in on the CEQA Projected Baseline Issue

On August 5, 2013, the California Supreme Court issued its decision in Neighbors for Smart Rail v. Exposition Metro Line Construction Authority (S202828), which attempted to answer once and for all whether a lead agency can...more

NH Supreme Court Reverses Recent Decision Regarding Restrictions On Excavation Permitting

In a November 16, 2012 alert, we discussed the New Hampshire Supreme Court’s November 9, 2012 decision in Town of Carroll v. Rines. That decision concluded that state law preempts certain municipal restrictions on excavation...more

Perfect Storm for CEQA Reform In 2013? Former Govs Weigh In

Hot on the heels of Governor Jerry Brown’s 2013 State of the State address, which raised the need for CEQA reform (as noted in my immediately-preceding blog post), a trio of former California governors has echoed and...more

2012 Eminent Domain Year in Review & 2013 Forecast

As we look back on 2012, it was unquestionably a busy year. Federal funds continued to make their way to local projects and shovels continued to break ground for infrastructure projects. The potential use of eminent domain...more

Port Miami’s Development Improve Sea, Road, And Rail Access

We recently mentioned the Port of Miami’s ambitious development plans in the context of the several major public projects taking place in South Florida. Among these projects, it is clear that the activity at the Port is of...more

When is a Resolution of Necessity Tainted By Prior Agency Obligations?

One of the prerequisites to instituting an eminent domain action is the governing agency's adoption of a resolution of necessity to acquire the necessary property. At the time of adopting the resolution, the agency cannot be...more

Supreme Court Holds Temporary Flooding Can Be A Taking

After passing on a number of Fifth Amendment issues in recent history, the U.S. Supreme Court is scheduled to hear three cases this term in which the takings clause plays a prominent role. And today, the Court addressed the...more

Court Decision on Loss of Goodwill Results in Sour Grapes for Business Owners

California is one of only a few states in which a business may recover for loss of goodwill when property is taken by eminent domain, but even here there are limitations on a business' right to recover for such damages. ...more

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