Zoning, Planning & Land Use Residential Real Estate

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Real Estate and Land Use - August 2016 #2

Proactive Predevelopment for Successful P3s - A new report was recently published by the Urban Land Institute (ULI) called Successful Public/Private Partnerships: From Principles to Practice. The report provides valuable...more

Appellate Court Notes

Supreme Court Advance Release Opinions: SC19378 - State v. Francis - SC19411 - State v. Wright - Appellate Court Advance Release Opinions: AC35949 - State v. Porter - AC36656 - State v. Gonzalez - AC36971...more

High Court Inclusive Communities Ruling: 1 Year Later

Last summer the U.S. Supreme Court issued its much-anticipated decision in Texas Department of Housing and Community Affairs v. Inclusive Communities Project,[1] holding that disparate impact discrimination claims are...more

Scotland: The Assessment of Energy Performance of Non-domestic Buildings Regulations 2016 - Buildings on the market before 1...

The Assessment of Energy Performance of Non-domestic Buildings (Scotland) Regulations 2016 come into effect on 1 September 2016. From that date, owners of pre 2002 non-domestic buildings or "building units" in Scotland with a...more

Is Redevelopment Quietly About to Grow in California?

Redevelopment has quite the lengthy history in California. Yet it has generally been “All Quiet on the Western Front” since redevelopment agencies were abolished in 2011 as part of Governor Brown’s plan to fix the state’s...more

How to Negotiate a Right of Entry After Property Reserve

Last month, the California Supreme Court’s decision in Property Reserve v. Superior Court provided long-awaited certainty for public agencies after a court of appeal determined the often-used “right of entry” statutes failed...more

Sustainable Development Update - August 2016 #3

Sustainable Development Focus - Freddie Mac announces multifamily green building financing initiative - Energy Collective - Aug 13 - Freddie Mac announced last week their Multifamily Green Advantage program, a...more

SoCal Sober Living Homes Face an Array of Regulatory and Zoning Obstacles

The subject of residential sober living homes and other treatment centers located in residential neighborhoods continues to attract substantial media attention in Southern California. The topic has become a lightning rod...more

Development on the Lake – Submerged Land Leases

Here along the North Coast of Lake Erie, some folks are fortunate enough to enjoy the features that come with living on the lakeshore. However, most people are largely unaware of the mechanism by which the State of Ohio...more

Rhode Island Implements Statewide Standards for Wetlands

Recently, Governor Gina Raimondo signed into law legislation to establish statewide standards to bolster protections for wetlands while streamlining the permitting process during development. Before the new legislation, each...more

California Environmental Law & Policy Update - August 2016 #2

Environmental and Policy Focus - In California's climate debate, state lawmakers push for more authority - Los Angeles Times - Aug 11 - Over the last two weeks, a bipartisan group of assembly members have...more

Holland & Knight SCAG Update Report: CEQA Litigation Abuse Hurts Infill Housing

Following up on their 2015 report covering all CEQA lawsuits filed during the 2010-2012 period, Holland & Knight lawyers Jennifer Hernandez, David Friedman and Stephanie DeHerrera recently released a portion of the sequel –...more

The Olympics’ Secret Use of Eminent Domain

It’s an exciting time with the Olympics taking place in Rio De Janeiro. But what takes place before the Olympics ever gets off the ground involves years of planning, lobbying, and infrastructure development. That...more

Pierce Atwood Environmental Regulatory Compliance Calendar

Federal - Notice of Availability of the Environmental Protection Agency’s Two Updated Chapters in the EPA Air Pollution Control Cost Manual - EPA is making two finalized chapters of the EPA Air Pollution Control...more

Landowner’s Guide to Condemnation in South Carolina - The Government Wants Your Land…What Are Your Rights?

Government projects to build or expand roadways, erect public buildings, and install infrastructure, such as sewer, water and electrical lines, all require land. So long as building projects meet certain requirements,...more

Investor-initiated integrated site development: new opportunities

Starting 1 January 2017 holders of land plots and the immovable properties on the land plots will be able to get approved site development and site survey plans within one month without public hearings as part of integrated...more

Sustainable Development Update - August 2016

Sustainable Development Focus - REIT reporting standards for sustainability lack consensus REIT.com - Jul 29 - There are roughly a dozen or so real estate sustainability standards competing for the attention...more

CEQ Instructs Federal Agencies to Consider Climate Change Impacts During NEPA Reviews

On August 2, 2016, the Council on Environmental Quality (CEQ) released a Final Guidance for Federal Departments and Agencies on Consideration of Greenhouse Gas Emissions and the Effects of Climate Change in National...more

(US) Give Me Some (Tax) Credit

The Texas Historic Preservation Tax Credit (THPTC) is a little known incentive program established through Texas House Bill 500 during the 83rd Texas Legislative Session. With the goal of making historic preservation projects...more

Extension Period Expires for Pennsylvania Development Permits, Approvals

Now that the extension period has ended, it is imperative for those involved in real estate development to review and understand the approvals and permits that affect their properties and properly calculate and verify the...more

California Supreme Court Upholds Right of Entry Statutes, but "Reforms" them to Comply with Constitution

When public agencies analyze a potential public project, they often need to gain access to private property for surveys, testing, and to otherwise investigate whether a particular property is suitable for a planned project. ...more

Cómo los desarrolladores inmobiliarios del sur de Florida están reduciendo el riesgo de litigios

En los días previos a la Gran Recesión de 2008, las propiedades en todo el sur de Florida se compraban solamente para ser revendidas posteriormente con una ganancia. Este “intercambio” de propiedades culminó en un mercado...more

Guv Wisely Eases Himself Away from High-Income Housing Easement

Charlie Baker stepped away this week from the case of the State House lawn easement for real estate developers. To do otherwise would have been foolish. Our governor is no fool....more

City of Pittsburgh adopts Riverfront IPOD

On June 6, 2016, City of Pittsburgh Mayor William Peduto signed legislation enacted by City Council amending the City of Pittsburgh Zoning Code by establishing a Riverfront Interim Planning Overlay District (“IPOD”). The...more

"In the Name of the Environment" Update - 13,946 Housing Units – and 200-bed Homeless Shelter – Targeted by Recent CEQA Lawsuits...

Holland & Knight's West Coast Land Use and Environment Practice Group has provided an update to its "In the Name of the Environment" report, detailing California Environmental Quality Act (CEQA) lawsuits that targeted housing...more

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