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Construction & Land Use Newsletter - September 2014

In This Issue: - Water, Water, Everywhere - D.C. Office of Planning Takes a Stand Against Pop- Ups with New Zoning Text Amendment - Excerpt from Water, Water, Everywhere: Despite the lingering...more

California Urban Housing Market Plagued by Higher Rents, Lower Wages, and CEQA

The economic and social impacts of the California Environmental Quality Act are significant enough that the worldwide publication, The Economist, recently reported that the law’s liberal standing requirements “allow[ing]...more

Miami’s Future Archipelago of Floating Houses

A team of Dutch developers would like to bring a little bit of Atlantis to Miami. Earlier this month, Dutch Docklands submitted a letter of intent and request for zoning variance to the City of North Miami Beach in order to...more

New Development Extension Opportunities Now Available

The Florida Legislature has provided numerous extensions for development permits and approvals over the past several years, which have typically required that the holder of the permit or approval provide notice to the issuing...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

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

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

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

Permitted Development Rights in the UK?Change of Use from Office to Residential?the next chapter

Some recent changes have been made to the prior approval procedures for these permitted development rights, introduced by Eric Pickles in May last year, to permit the change of use of a building from Class B1(a) office to...more

Developers Beware – Court of Appeal Clarifies the Effect of a Breach of the Sale of Land Act

In Barker v Midstyle Nominees Pty Ltd [2014] WASCA 75, the West Australian Court of Appeal has considered the legal consequences of a developer entering into off the plan contracts in breach of Section 13 of the Sale of Land...more

Green Law Corner: What LEED v4 Means for You

In late 2013, the U.S. Green Building Council released its latest version of LEED, Version 4. Most of you have certainly heard of LEED but you may not know what LEED really means. LEED stands for Leadership in Energy and...more

Construction and Land Use Newsletter - March 2014

Please see full newsletter below for more information. - Lorton Landfill Dispute Nearing Board of Supervisors’ Review - I Know My (Vested) Rights! Developing a Project in a Changing Climate - Excerpt from...more

Tower Lane Properties v. City of Los Angeles: JMBM Prevails in Published Court of Appeal Opinion Holding that a City's Erroneous...

JMBM has prevailed in the Court of Appeal on behalf of its client in a well-publicized and hotly-contested development project in the City of Los Angeles. The court's published opinion will come as welcome relief to property...more

Construction Begins On A Mixed-Use Development In Wynwood

The Wynwood district north of downtown is becoming a hot spot for mixed-use development activities. Recent articles in the South Florida Business Journal and Curbed report that construction is under way on Wynwood House, a...more

I Know My (Vested) Rights! Developing a Project in a Changing Climate

More than one landowner has been disappointed to find out they cannot develop their property how they would like. This disappointment can be compounded if the landowner bought a property based on its zoning potential, but the...more

Latest Community Infrastructure Levy Amendment Regulations come into force

The latest round of amendments to the Community Infrastructure Levy (CIL) Regulations 2010 have come into force. Key changes are: - Phased payment of CIL for hybrid and other multi-phase consents - CIL can be...more

U.S. Supreme Court Decision On Land-Use Exactions Impacts Developers, Government

If you have ever filed a zoning application and been subjected at the public hearing to a version of the game show “Let’s Make a Deal,” you may find of interest a June 2013 decision by the U.S. Supreme Court that addresses...more

Municipalities Can Make Mistakes Significantly Impacting Land Developers

This summer the Alberta Court of Appeal in the case of 1694192 Alberta Ltd. v. Lac La Biche County (Subdivision and Development Appeal Board), was asked to grant 1694192 Alberta Ltd. leave to challenge a decision made by the...more

New Jersey Offers Financing Incentives for Real Estate Investments

On September 18, 2013, Governor Christie signed the New Jersey Economic Opportunity Act (the “Act”) into law. The Act is intended to spur job creation, promote redevelopment of underutilized urban and suburban areas, and...more

Proposed Amendments to VSMP Regulations Would Move Goal Posts

The State Water Control Board recently issued a Public Notice concerning proposed amendments to the Virginia Stormwater Management Regulations, 9 VAC 25-870, et seq. (the “Regulations”), and indicated it will consider those...more

Some Panhandle Development Permits Eligible for Six-Month Extension Due to Tropical Storm Karen Order

A permit and development order extension opportunity is available until January 6, 2014, for 18 Panhandle counties as a result of the threat posed to Florida by recent tropical storm activity. The extension offers an...more

Inclusionary Housing on the Run

Several recent legal developments have cast doubt on the ability of California cities to continue using favored tools to promote construction of “inclusionary” affordable housing units. Few would dispute that the state faces...more

Changes of Note to Lenders From the 2013 Legislative Long Session

During the 2013 legislative session, several new laws were passed which directly affect the banking and financial services industries. While most of these changes are relatively minor, they are certainly worth noting. Below...more

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