Zoning, Planning & Land Use Residential Real Estate

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CalEnviroScreen 3.0 – Still the Wrong Tool for CEQA Review

On January 9, 2017, the California Environmental Protection Agency (CalEPA) and Office of Environmental Health Hazard Assessment (OEHHA) released an “Update to the California Communities Environmental Health Screening Tool,”...more

Update on Town of Huntington’s Proposal To Ban Short-Term Rentals

At its January 10, 2017 meeting, the Town Board of the Town of Huntington held a public hearing to discuss its proposed ban on short-term rentals. Several residents testified at the public hearing in opposition to the ban,...more

Wolverine Pipeline Capitulates in Response to Necessity Challenge

In return for dropping a necessity challenge, Wolverine Pipeline agreed to substantially modified easement and paid the attorney fees incurred in pursuing the challenge. As I have previously noted, greater flexibility...more

Money, Dirt and Steel: Year End 2016

COPIES AND AFFIDAVITS ADMISSIBLE IN POWER OF SALE FORECLOSURE PROCEEDINGS - In the Matter of Foreclosure by Rogers Townsend & Thomas, __ N.C. App. ___, COA15-581 (April 15, 2016), was a Non-judicial foreclosure action...more

(US) California Real Estate Rules to Watch in 2017

In a Law360.com article published on January 2nd titled “California Real Estate Legislation and Regs to Watch in 2017,” Andrew McIntyre of Law360 addresses the challenges facing the California real estate market in the new...more

New Developments, New Fees: Orlando Residential Developments Face Park Impact Fees

Effective March 1, 2017, Park Impact Fees will be assessed on new residential permits issued throughout the City of Orlando. The fees are as follows...more

Too much, too fast, too soon: Stakeholders react to the Government of Ontario's coordinated review of the provincial plans

During the first quarter of 2015, the Government of Ontario (the Province) initiated a coordinated 10-year review of Ontario’s four land use plans (the Coordinated Review): (1) the Growth Plan for the Greater Golden Horseshoe...more

Green Building Risk Assessment: Necessary for Today’s Real Estate Deal Due Diligence

The next building you buy, finance or develop may be “green.” As the use of green building standards like LEED® or ENERGY STAR® has become commonplace, human health standards such as WELL Building Standard™ have emerged,...more

Quality Built Homes Revisited: The Court of Appeals Weighs In On Critical Issues

If you happen to work in local government, are a developer who has worked with a local government, or simply have an interest in the world of municipal water and sewer services, you are no doubt aware of the North Carolina...more

Farrell Fritz Land Use Blog- 2016 Year in Review

Before we blog our way into 2017, we wanted to take a moment to review the topics that we blogged about in 2016 and to remind our readers that the land use practice group at Farrell Fritz is a diverse group of attorneys,...more

Sustainability: The Road to a Circular Economy

The launch of the Ecodesign Working Plan 2016-2019, covering the eco-design and energy labelling framework last month is another key milestone in the Commission’s plan to transition the EU to a more circular economy. ...more

Public Decision Making newsletter - Summer Edition 2016

This newsletter summarises recent developments in resource management and local government law in New Zealand that are of particular relevance to local authorities and decision makers. In this edition, we address recent...more

City Planning Grants Reprieve of New Park Fees to Certain Projects

Back on September 7, 2016, the Los Angeles City Council passed the new Parks Dedication and Fee Update Ordinance (“Quimby”) which will affect all new multi-family development projects in the City. The ordinance will take...more

Law Alert: Villasenor v. Evans

Notice of Claim Statute Applies to Elected Official - In this case, the court of appeals confirmed that the notice of claim statute applies to elected officials. Villasenor was a consultant and lobbyist for a developer...more

Black-Capped Vireo to be Removed From Endangered List, Un-Capping Development in Texas and Oklahoma

On December 15, 2016, the U.S. Fish & Wildlife Service (“USFWS” or “Service”) published a proposed rule (the “Proposed Rule”) to remove the black-capped vireo (“BCV”) from the list of endangered and threatened species under...more

I'm dreaming of a White Paper…

With an unusually warm 25th December forecast this year, the prospect of a white Christmas looks slim, but with the government's Housing White Paper due in early 2017 (The Year of the Rooster!), we consider what we might...more

State Density Bonus Law Debuts in San Francisco

The San Francisco Planning Commission took a major step on December 8, 2016, by approving the first market rate housing project to utilize the State Density Bonus law. The State law, which has been in effect for almost...more

Departments of Justice and Housing and Urban Development Release Updated Fair Housing Act Guidance on State and Local Land Use...

Jointly responsible for enforcing the federal Fair Housing Act (“FHA”), the U.S. Departments of Justice and Housing and Urban Development (“the Departments”) have issued numerous guidance documents and policy statements to...more

Senator Wiener Moves Quickly out of the Gate on Housing Bill

Shortly after being sworn in as California State Senator on Monday, former San Francisco Supervisor Scott Wiener introduced SB 35, placeholder legislation addressing barriers to housing production. The legislation currently...more

VDEQ Changes Approach to No Further Action Letters and Officially Launches VURAM

The Virginia Department of Environmental Quality (“DEQ”) has clarified its approach to issuing “no further action” letters (“NFAs”) for sites with both petroleum and non-petroleum contamination. This clarified approach will...more

Vapor Intrusion: EPA is Sharpening Its Focus

On December 8, 2016, the U.S. Environmental Protection Agency (EPA) announced that the ranking system designed to assess potential Superfund sites will now include evaluation criteria related to contamination threats posed by...more

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

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