On May 16, Missouri passed HB 2062 modifying the state’s existing Historic Tax Credit (HTC) program. The bill alters the program in several significant ways. The program will now feature a year-round application cycle,...more
The Virginia Historic Rehabilitation Tax Credit (HRTC) program (see Virginia Code § 58.1-339.2) has played a significant role in stimulating Virginia’s economy and preserving thousands of historic properties throughout the...more
The United States Army Corps of Engineers (“Corps”) published a proposed rule in the February 9th Federal Register addressing compliance with the National Historic Preservation Act (“NHPA”). See 89 Fed. Reg. 9079. The...more
Fullerton leaders have reached a settlement with the state over the city’s housing element. When looking at how much housing is needed in the state to meet the growing population, Fullerton’s Regional Housing Needs Allocation...more
Oatlands Historic House in Leesburg, VA was built in 1804 and is recognized as one of the finest federal-period country estate homes in the country. The home and approximately 400 surrounding acres were donated to the...more
The Levelling-up and Regeneration Act 2023 was given Royal Assent on 26 October 2023. It introduces some wide-ranging reforms to the planning system which we summarise in this Insight. However, most of the changes will not...more
Real estate developers have long had ample reasons to take on projects involving historic buildings, courtesy of Section 47 of the Internal Revenue Code of 1986. As amended, Section 47 (the “Code”) provides for a...more
In an opinion filed May 12, and later certified for publication on June 8, 2023, the Second District Court of Appeal (Div. 6) upheld the City of San Buenaventura’s decision to remove a bronze statue of Father Junipero Serra...more
The Sixth Appellate District, on May 10, 2023, published a decision in Preservation Action Council of San Jose v. City of San Jose (2023) __ Cal.App.5th __ upholding the City of San Jose’s certification of a final...more
There are seventy historic districts in Washington, D.C., with local neighborhoods accounting for more than thirty of these designated areas. In addition to working to preserve some of Washington’s oldest and most historic...more
Earlier this year, the Pennsylvania Commonwealth Court concluded that historic preservation alone could serve as the basis for a property tax exemption. In other words, if an owner preserves a historic building, that...more
È stata finalmente pubblicata in Gazzetta Ufficiale (G.U. n. 68 del 22 marzo 2022) la Legge 9 marzo 2022, n. 22 avente ad oggetto “Disposizioni in materia di reati contro il patrimonio culturale”, entrata in vigore in data 23...more
What You Need To Know •The Historic Property Reinvestment Program will provide incentive funding for the rehabilitation and preservation of eligible historic properties throughout New Jersey. •Awards under the program...more
Ohio historic preservation and economic development projects may soon receive a large temporary boost from the Ohio General Assembly. Recently passed by the Ohio Senate and now under consideration in the Ohio House, Ohio...more
My recent post on this topic got a lot more play than my typical blogs...more
One of the many fun things about practicing commercial real estate law is the real estate part. Growing up, I often traveled around Virginia with my parents on weekends exploring cool old buildings, many of them abandoned....more
The 93rd Arkansas General Assembly convened for regular session on January 11th and is expected to adjourn in the next few days. House Bill 1555 (“HB 1555”), which would increase the cap for the Arkansas Historic Tax...more
On March 22, 2021, the U.S. Supreme Court denied certiorari in a case that upheld President Obama’s designation under the Antiquities Act of the Northeast Canyons and Seamounts Marine National Monument in the northern...more
In 2017 the Texas Legislature passed House Bill 1003, which made the Texas Historic Preservation Tax Credit available to state university systems and other state institutions of higher education. Following this change,...more
Eusebio Leal Spengler died last week. That name is not well-known in the US but he was the person who led an effort to preserve Old Havana, transforming that historic district from a forgotten slum into an architectural jewel...more
An agency’s failure to maintain a historic building—“demolition by neglect”—is not a “project” subject to CEQA. Lake Norconian Club Foundation v. California Department of Corrections and Rehabilitation, No. A154917 (First...more
From a legal perspective, renovating a historic building is not for the faint of heart. In addition to obtaining the building permits and inspections required for any construction project, renovation of a historic building...more
In Miami-Dade County v. City of Miami, Circuit Court, 11th Judicial Circuit (Appellate) in and for Miami-Dade County (Case No. 18-000032-AP-01) [26 Fla. L. Weekly 800b], an appeal was filed by Miami-Dade County (the “County”)...more
Governor Hutchinson signed House Bill 1493 which amends the Arkansas Historic Rehabilitation income tax credit. The bill reduces the investment threshold necessary for homeowners to qualify for the Arkansas Historic...more
The City of Portland has about 10,000 buildings, bridges, cemeteries, landscapes, and other resources that have been designated as historic. Of those, about 5,000 are "documented" on the City's Historic Resource Inventory,...more