Land Developers

News & Analysis as of

Boston City Council Approves Urban Renewal Plan Extensions

The Boston City Council has approved six-year extensions of most urban renewal plans, which grant the Boston Redevelopment Authority (BRA) powers of land assembly and disposition. The BRA originally adopted 40-year plans in...more

Developer Control of Homeowner Associations Could Diminish in South Carolina

State Committee at work; legislation pending - The South Carolina 2015-2016 Appropriation Act established the "South Carolina Committee on Homeowners Associations." Thirteen individuals, consisting of lawmakers,...more

For Virginia Land Use, Local Governments Have To Follow The Rules

Starting July 1, 2016 Virginia local governments must, in reviewing a residential rezoning or concept plan amendment, determine whether a requested land use exaction addresses an impact that is “specifically attributable” to...more

Increased Costs Shifting South Florida Apartment Construction

At the Miami Finance Forum’s recent panel discussion regarding the current status of South Florida commercial real estate, panelist commercial developers stated they are responding to strong tenant demand across all sectors....more

A Primer on “Safe by Design” Land Use Planning

One of the more interesting facets of land use planning is its ability to impact our lives in a multitude of ways. We can intuitively understand and grasp the concepts of keeping certain types of land use apart – the landfill...more

Miami-Dade County Takes P3 Reform Further After Florida Passes New P3 Legislation

After months in several Florida House and Senate committees, the State Legislature finally passed two related bills that were both signed by the Governor at the end of April. Importantly, the first bill, SB 124, establishes...more

The sky’s the limit…

What would you do if; - ..your property development business had obtained planning permission to construct a 62 storey tower comprising 200,714 sq.m; ..you had secured funding in principle to commence the...more

Montgomery County Subdivision Regulations Rewrite

In 2014 Montgomery County adopted a comprehensive amendment to its zoning ordinance and now it embarks on the process of rewriting its subdivision regulations. Subdivision regulations facilitate the planning authority of...more

Will Hillsborough County Adopt Mobility Fees in April?

Part of the years-long transportation funding debate appears to be reaching a conclusion. On March 24, Hillsborough County held a well-attended public workshop regarding implementing mobility fees, which are described as...more

Alaska tidal permit surrendered

Five years after applying for and receiving a preliminary permit to study a proposed Alaska tidal energy project, the project developer has surrendered that permit. At issue is ORPC Alaska 2, LLC's proposed East Foreland...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

New Conservation Restrictions for the Northern Long-Eared Bat Will Have Limited Impact on Development in Massachusetts

A new Endangered Species Act rule protecting the northern long-eared bat will likely have only limited impact on development and land use activities in Massachusetts due to fairly specific restrictions imposed by the final...more

IRS Releases Proposed Regulations Defining a “Political Subdivision” For Purposes of Determining Eligibility to Issue Tax-Exempt...

On February 22, 2016, the Internal Revenue Service (the “IRS”) released proposed treasury regulations (the “Proposed Regulations” ) to provide guidance as to how the IRS intends to prospectively define a “political...more

IRS Releases New Proposed Political Subdivision Regulations

On February 22, 2016, the Internal Revenue Service (the “IRS”) published new proposed regulations (the “Proposed Regulations”) in the Federal Register providing guidance as to the definition of a “political subdivision” for...more

Property Developer attacks Restrictive Covenant before the Competition Appeal Tribunal

A property developer, High Peak Developments, is alleging that a restrictive covenant affecting the land surrounding a Tesco superstore is anti-competitive. High Peak has brought a damages claim under the new fast-track...more

Feds Finalize Prohibitions Against Threatened Bat Species – Disputes Continue

The U.S. Fish & Wildlife Service (FWS) issued a final rule under Section 4(d) of the Endangered Species Act (ESA), taking effect February 16, 2016 and imposing measures intended to protect the northern long-eared bat (NLE...more

Developers Dodge Bullet with Northern Long-Eared Bat

Developers have to deal with a number of environmental issues. These include stormwater management and potential impacts to wetlands, historic resources, and threatened and endangered species. The northern long-eared bat is...more

Utah oil sands mine slowed

A Canadian company developing an oil sands mining and extraction project in Utah has announced a decision to "reduce the pace of field construction in order to maintain working capital flexibility," based on low oil...more

Maryland Environmental Reporting Regulations On Hold For Now

Property owners and developers in Maryland have dodged another bullet, at least for now, with respect to their environmental reporting obligations. On October 31, 2014, the Maryland Department of Environment (“MDE”) proposed...more

Washington State Court of Appeals Holds Vested Permit Applications Are Not Subject to New Municipal Stormwater Requirements

The development community won a victory in Division Two of the Washington State Court of Appeals in a ruling that excludes pending permit applications from the new low-impact development stormwater regulations that large...more

When CEQA Violations Are An Afterthought: Fourth District Upholds Trial Court’s Independent Judgment Determination That City Of...

CEQA and land use law in California go together like a hand in a glove. Due to CEQA’s broad scope and exacting substantive and procedural requirements, it is relatively easy to plead a cause of action for CEQA violations in...more

FAA Updates Guidance on Obstruction Lighting

The Federal Aviation Administration (FAA) released new guidance on obstructions, updating builders and developers on the requirements for marking and lighting any structure that may impact the National Airspace System (NAS),...more

California Supreme Court Rejects Mandatory "Reverse CEQA" Analysis

The California Supreme Court issued its long awaited opinion on December 17, 2015, in California Building Industry Association v. Bay Area Air Quality Management District (CBIA v. BAAQMD), commonly referred to as the "Reverse...more

After the Dust Settles: Implications of Continued Development in South Florida

To say South Florida’s real estate market is “booming” would be an understatement. The massive interest in development throughout Miami and its surrounding cities continues to increase. To quantify just how large this...more

Testing the Waters: The U.S. Supreme Court Agrees to Hear U.S. Army Corps’ Clean Water Act Determinations Challenge

On December 11, the U.S. Supreme Court agreed to hear a challenge to the Eighth Circuit’s April 2015 ruling that U.S. Army Corps of Engineers’ (Army Corps) jurisdictional determinations are final agency actions subject to...more

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