Zoning, Planning & Land Use Finance & Banking Commercial Real Estate

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The Basics of Commercial Real Estate Transactions: Important Contract Contingencies

Prior posts have discussed initial considerations in the purchase of commercial real estate and conducting due diligence prior to closing the deal. Today’s focus will now turn to contingencies often found in commercial real...more

Mello-Roos May Be Used to Fund Condemnation Action of Private Utility Provider

Those of us living in newer neighborhoods are familiar with Mello-Roos – it shows up on our annual tax bills as a way to pay off bonds issued to finance various public improvements, such as schools, streets, and parks that...more

Real Estate: Foundation - April 2015

In this issue: - How NMTCs Benefit Real Estate Community Development Initiatives - Noteworthy Real Estate Deals - What’s Your Priority? An Open-Ended Examination of Pennsylvania’s Mechanics’ Lien...more

A Purchaser Who Doesn’t Inquire May Be Teeing Up For Failure

Picture this: While on the hunt for new development opportunities, you stumble across a golf course in the middle of a high-end community, and you think this would be the perfect spot for more houses, or a retail center, or...more

N.C. Court of Appeals Addresses Common Affirmative Defenses In Commercial Foreclosure Context

A recent opinion from the North Carolina Court of Appeals addresses some common borrower defenses within the context of foreclosure and statute of frauds issues: compromise and settlement, accord and satisfaction, the...more

Coastal Flooding and Resiliency: New Challenges and Opportunities for the Commercial Real Estate and Finance Industry

Virginia, North Carolina and other mid-Atlantic coastal communities are no strangers to severe weather and related storm surges and flooding. However, many of these communities are experiencing storm surges and tidal and...more

New York’s Green Bank Committing to Diverse Transactions

New York State’s one-billion-dollar Green Bank opened for business in 2014 and has begun committing to transactions. The Green Bank’s self-professed sweet spot is investments between $5 million and $50 million. Examples of...more

Overriding Interest - Spring 2015

In This Issue: - Dilapidations—How to Avoid Costly Mistakes - MIPIM 2015 - Announcements & Events - Transaction Profile: The Old Royal High School, Edinburgh - UK Real Estate...more

BRA/EDIC Details Response to Audit

Under its newly-appointed director, Brian Golden, the Boston Redevelopment Authority and Economic Development and Industrial Corporation (BRA/EDIC) has released its 2014 Year in Review report entitled “Building the New Boston...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

New Markets Tax Credits for Real Estate Development

The new markets tax credit (‘‘NMTC’’) was added to the Internal Revenue Code as §45D2 by the Community Renewal Tax Relief Act of 2000.3 Initially the program was to provide allocations of the tax credit through 2007, but has...more

Governor Brown Signs into Law AB 229 and SB 628, Giving New Life to Tax Increment Financing

In late September, Governor Brown signed into law AB 229 and SB 628, which are intended to finance public capital facilities or other specified projects of communitywide significance previously financed by redevelopment...more

How to Land Projects in California

Until recently, California’s state-level economic development cupboard was looking a little bare — its 400 redevelopment agencies were dissolved in February 2012, property tax increment financing has been discontinued and...more

Tax credit increases what’s available for historic renovation

In May, Colorado Gov. John Hickenlooper signed into law the Colorado Job Creation and Main Street Revitalization Act (also known as House Bill 14-1311). By substantially increasing the amount of funds available for the...more

Proposed House Bill would Create Appeals Process for Qualified Census Tract and Difficult Development Areas

On July 24, 2014, Rep. Pete Gallego (D-Texas) introduced legislation in the House of Representatives that would amend Section 42 of the Internal Revenue Code to provide for an appeals process for HUD Qualified Census Tract...more

Make your Developer Note more marketable - 8 tips

There is a common misperception that a municipality's willingness to issue a so-called Developer Note on a pay-as-you-go basis is tantamount to providing equity to the redevelopment project. Unfortunately, most...more

Keys To... Myanmar: Developing And Investing In Myanmar’s Hotel Industry

In the past three years, Myanmar (or Burma as it is otherwise known), has been enjoying a hotel boom, driven by surging tourist arrivals as the country opens up to economic and political reforms. Tourist arrivals to the...more

Focus on Landlords - Key Landlord Lease Issues

Landlords want to have a protective lease form, but tenants hate a 70+ page “killer” lease. A shorter lease can help a landlord quickly sign tenants, just make sure it covers key points. Here are some to think about. ...more

Renewable Energy Update -- July 11, 2013

Renewable Energy Focus - Why aren't there more solar plants in the desert? -- The Huffington Post - Business - Jul 2: The vast and glittering Ivanpah solar facility in California will soon start sending electrons to...more

Simplifying the Mechanic's Lien Agent Process: N.C.'s New Online Clearinghouse

A version of this article was originally published in April 2013 and has now been updated. Effective April 1, 2013, project owners in North Carolina are now required to designate a Mechanic’s Lien Agent (MLA) for the...more

Foreclosure Tip #1: Inspections – Do It Before You Own It

In some parts of the country, a recovering local economy means the special asset (or problem loan) groups are reducing staff, as loan production groups come back to life. Leaving the special asset group under-staffed could...more

Proceed with Caution when Considering the Acquisition of a Busted Deal

Do not underestimate the importance of due diligence when evaluating the acquisition of a busted deal. In the world of land use and zoning, a busted deal is a planned real estate development that has failed, and the future of...more

Lender-Involved Condemnation Part 1: Principles of Condemnation

This is the first installment in a series of articles related to lender-involved condemnation. This article provides an introduction to the principles of eminent domain and condemnation in a question and answer format. The...more

South Florida Commercial Real Estate: How Will Miami Commercial Property Fare in 2013?

Entering into the New Year, Florida real estate analysts and professionals involved in land development and real estate investment are looking at the South Florida commercial real estate market and wondering how it will fare...more

Buyer Beware: Court Decision Highlights Importance of Performing Careful Diligence

In Princes Point LLC v. AKRF Engineering, P.C., No. 601849/2008 (N.Y. Sup. Ct. Jul. 13, 2012), Judge Charles Edward Ramos granted a motion for summary judgment dismissing plaintiff’s claims of fraud, negligent...more

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