Commercial Property Owners

News & Analysis as of

Solar Industry Update:  What’s on the Back of My Ballot? What Amendment 4 Is All About

If you vote by mail, then you’ve likely already received your August 30 primary ballot with a proposed amendment to the Florida constitution on the back. It is Amendment 4, and it is the only amendment on the primary ballot....more

Pick Up the C-PACE – Montgomery County Opens its Commercial Property Assessed Clean Energy Program

Property Assessed Clean Energy (“PACE”) programs are being adopted throughout the country at a rapid pace. In 2014, Maryland enacted legislation authorizing local governments to establish PACE programs. Subsequently,...more

“Shaking” Things Up: Seismic Risk Assessments

Returning to our theme that nothing’s easy and everything keeps changing, here is one out of left field. Let’s talk PML and seismic risk. ASTM International, the market standard setting organization for everything from toilet...more

Pokemon Go Away: Monsters Creating Nuisance Problems

This game has been all the rage since July. Engadget reports over 100 million downloads of Pokemon Go, racking up $10 million each day in revenue for game makers Niantic, The Pokemon Company and Nintendo. It’s a beast. ...more

Digitizing Brick and Mortar: Geofencing and Geolocation Can Help Retailers Win at Omnichannel

We have blogged previously about the steady rise of e-commerce, the benefits and challenges of creating a cohesive omnichannel experience, and some of the special issues omnichannel creates for the landlord-tenant...more

Development of practice on treating of facilities as immovable property for the purpose of imposing corporate property tax

On 12 July 2016 the Commercial Court of Moscow rendered a decision in case No. ?40-98958/16-108-827. This case considered a dispute between ORSKNEFTEORGSINTEZ OJSC (the “Company”) and Federal Tax Service Interregional...more

NCUA Proposes Rule Easing Credit Union Commercial Property Occupancy Rule

The Public Comment period closed yesterday on the National Credit Union Administration’s (NCUA) proposed Rule amending its regulation governing federal credit union (FCU) property occupancy requirements. Presently, a FCU must...more

South Carolina Property Tax Incentives: The Special Source Revenue Credit

While South Carolina has low income taxes, and comparatively low sales taxes as well, the state makes up for this by having some of the highest business property tax rates in the Southeast. These property taxes are generally...more

Denver Proposes Mandatory Energy Benchmarking and Implementation of Efficiency Measures

The Energize Denver Task Force, a task force created in December 2015 by the City and County of Denver, recently recommended specific energy efficiency benchmarking measures for commercial and multifamily residential...more

Tenants who move under cover of darkness: Using the Bulk Sales Act to recoup losses incurred at the hands of rogue tenants

Retail landlords may have a powerful statutory remedy against defaulting retail tenants who sell all or substantially all of their goods and merchandise. The Ontario Bulk Sales Act (BSA) applies to the sale of all (or...more

Why You Should Continue to Pay Attention to PACE

With commercial property owners and tenants still seeking sustainable building designs that incorporate energy efficiency or green building features, Property Accessed Clean Energy (PACE) financing will continue to rightfully...more

What Happens to Jointly Owned Property When One of the Owners Owes the IRS

Leonard and Joyce owned 50% of a commercial property. Their son, Derek, owned the other 50%. The IRS liened the property due to amounts owed by Leonard and Joyce to the IRS for unpaid taxes. The IRS sought to foreclose its...more

Nassau County's New "Disputed Assessment Fund" is Likely to Raise Tax Rates

Commercial property owners in Nassau County take note: tax rates for your properties are likely to increase. For years, when property owners successfully challenged their real property assessments in Nassau County, the...more

Pennsylvania Property Tax Reassessment Update

Several counties in Pennsylvania are conducting countywide property reassessments. This update provides status changes for Washington, Blair and Lancaster Counties, along with a set of important deadlines and basic assessment...more

Own or Lease? New Accounting Rules Necessitate Review

The divestiture of property owned by non-real estate companies has long been a trend in the U.S. Though there are many advantages to owning—and thereby controlling—your own real estate, non-real estate businesses, especially...more

In The Know - 1st Edition, May 2016

Welcome to the first edition of IN, a quarterly digest designed to keep insurers in the know on both the development, as well as the ongoing evolution, of legal trends relevant to first-party property coverage and bad faith...more

How Smartphones, Showrooming Impact Property Taxes and More

The battle between physical stores and online retail rages on, but the recent explosion in smartphone usage is blurring the battle lines. Using smartphones, consumers in a store now can simultaneously shop and compare pricing...more

Sustainable Development Update - April 2016 #3

Sustainable Development Focus - How cities are taking the lead on green building - Wall Street Journal - Apr 28 - Cities in the U.S. are leading the way on climate and energy policies—especially policies...more

Construction Group Projects

Robinson+Cole’s construction lawyers worked on many significant and unique projects across the country worth billions of dollars in construction value in recent months. Our clients are owners, designers, and contractors, and...more

Don’t Let Deposits Spoil the Deal

A recent case acted as a reminder of the risk inherent in taking a contractual deposit which is greater than the market norm. That case involved penalties for overstaying permitted parking times and re-confirmed the contract...more

What a Nuisance - Owner Liability for Other Persons

As an owner of commercial real estate, could you ever be liable for nuisance committed on the property by someone other than you? The recent decision of the Court of Appeal in Cocking & Anor v Eacott & Anor [2016] EWCA Civ...more

U.S. Supreme Court to Decide "Critical Question" in Eminent Domain

This summer, the U.S. Supreme Court will decide a critical question that will determine whether some landowners will receive compensation from regulations that restrict the uses of their land. The case, Murr v. Wisconsin, may...more

What Constitutes Acceptable "Wear And Tear" in a Commercial Lease?

Terminating a commercial lease? You’re likely to encounter the question of whether the surrendered premises are in the condition required pursuant to the lease terms. Commercial leases often require the rental premises to be...more

Stamp Duty Land Tax on Commercial Property in the United Kingdom: Rates

In more detail - The changes will affect purchases and leases of commercial properties, including mixed commercial and residential properties, with an “effective date” on or after 17th March. Two changes have been...more

No Appeal to Housing Court for Major Development Projects Says Top Mass. Court

Appeals of major development projects of 25 or more dwelling units or 25,000 square feet or more of gross floor area cannot go to the Massachusetts Housing Court, as jurisdiction for these projects is exclusively with the...more

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