Land Developers

News & Analysis as of May 20, 2013

California Commercial Real Estate Forecast - Industrial & Multifamily Remain the Bright Spot in the Winter 2013 Allen Matkins/UCLA Anderson Survey Results
California Commercial Real Estate Forecast - Allen Matkins/UCLA Anderson Winter 2013 Survey Reveals Dip in Developer Sentiment
California Commercial Real Estate Forecast - Allen Matkins/UCLA Anderson Survey Results Reveal Tension Between Developer Sentiment & Action

Light at the End of the Tunnel - Consultation on Reform of Rights to Light in England and Wales

by Sebastian A. Charles, Steven D. Cox | K&L Gates LLP on 5/8/2013

The private right to light is an arcane area of law and which many developers would agree is long overdue for reform. Development schemes can be thwarted by private landowners even after the proposal has passed through the...more

Prevailing Wages: Beware of Fee Waivers Even When They are Not Waived

by R. Michael Joyce | Allen Matkins Leck Gamble Mallory & Natsis... on 5/7/2013

In a surprising determination by the Department of Industrial Relations ("DIR"), a development was found to be a "public work" under Labor Code Section 1771 when a developer, in compliance with a fee ordinance, constructed...more

Sheriff Joe Costs Maricopa County Another $1.4M in Lawsuits

by Aaron Kase | Lawyers.com on 5/3/2013

An Arizona developer has settled a lawsuit against Maricopa Country, Arizona Sheriff Joe Arpaio and former County Attorney Andrew Thomas for $1.4 million. Conley Wolfswinkel had filed suit after his office was publicly...more

The “Google Effect:” How High-Tech Companies Are Impacting Building, Architecture and Design

by Jennifer C. Johnson, Manroop Purewal | Carr, McClellan, Ingersoll, Thompson & Horn -... on 5/1/2013

Overview - Technology companies in the Bay Area have led the resurgence of the local commercial real estate sector. And these companies are also creating a new norm in campus design known as the Google Effect. ...more

Mississippi Court Holds D&O Policy Not Triggered By Real Estate Scheme

by Traub Lieberman Straus & Shrewsberry LLP on 4/26/2013

In its recent decision in State Farm Fire & Cas. Co. v. Anderson, 2013 U.S. Dist. LEXIS 57837 (S.D. Miss. Apr. 23, 2013), the United States District Court for the Southern District of Mississippi had occasion to consider...more

Miami-Dade County Road Impact Fees To Increase 30% On April 22, 2013

by Brian Adler, Eric Singer | Bilzin Sumberg Baena Price & Axelrod LLP on 4/16/2013

Miami-Dade County imposes road impact fees on new developments in both unincorporated and incorporated areas of the County, subject to any applicable exemptions or credits, which may reduce or eliminate the fee due. Road...more

Federal Aviation Administration To Propose Height Regulations

by Javier Avino | Bilzin Sumberg Baena Price & Axelrod LLP on 4/12/2013

As development in Miami’s core returns, many developers are concerned with what appears to be a review by the Federal Aviation Administration (FAA) height regulations, which could impose restrictions to the maximum allowable...more

Residential Project Exempt From CEQA Review Under Government Code Section 65457 As Consistent With Specific Plan For Which Program...

by Arthur F. Coon | Miller Starr Regalia on 4/11/2013

In a recently published opinion construing Government Code § 65457’s exemption from environmental review for a residential development consistent with a specific plan for which an EIR was previously certified, the First...more

Certain Residential Developments Exempt from CEQA Review: Greenhouse Gas Emission Issues Do Not Constitute New Information

by William R. Devine | Allen Matkins Leck Gamble Mallory & Natsis... on 4/9/2013

The recent California appellate court decision in Concerned Dublin Citizens v. City of Dublin, Cal: Court of Appeal, 1st Appellate Dist., 3rd Div. 2013, upheld a City's affirmation that residential developments are exempt...more

Court Invalidates Mechanic's Lien for Seeking Excessive Amount

by Ryan Klein | Sherman & Howard L.L.C. on 4/5/2013

A mechanic's lien is a very powerful tool for prime contractors, subcontractors, suppliers, and laborers to seek compensation for work provided on construction projects. This tool, however, becomes excessive, invalid, and...more

Bill Introduced to Restore Cities' Ability to Require Affordable Housing

by Michael Hansen | Sheppard Mullin Richter & Hampton LLP on 4/2/2013

On February 22, California State Assembly Member Toni Atkins, D-San Diego, introduced a bill, AB 1229, to restore the ability of California cities and counties to require affordable housing as part of market-rate housing...more

CFPB files amicus brief in Second Circuit ILSA case

by Sarah Reise | Ballard Spahr LLP on 4/2/2013

On March 12, 2013, the CFPB filed a new amicus brief supporting the consumer/appellee’s position that the Interstate Land Sales Full Disclosure Act (ILSA) applies to condominium units, even where the unit does not also...more

UPDATE: Court Of Appeal Changes Its Mind On The Issue Of Whether A City Misdescribed A Project’s Objectives

by Jeffrey L. Massey, Eric Robinson, Leslie Z. Walker | Kronick, Moskovitz, Tiedemann & Girard on 4/1/2013

On November 27, 2012, a court of appeal ordered a city to correct the defects in a project description and alternatives discussion in a final environmental impact report (“EIR”) because the court concluded the city had...more

When is a Park not a Park? The SJC Declines to Give Broad Interpretation to Article 97

by Foley Hoag LLP - Environmental Law on 3/28/2013

Earlier this month, the Supreme Judicial Court (SJC) issued its decision in Mahajan v. DEP, holding that the Boston Redevelopment Authority’s (BRA) proposed redevelopment of Long Wharf in Boston is not subject to Article 97...more

Zoning Registration Now Easier for Philadelphia Community Organizations

by Joyce Sun | Schnader Harrison Segal & Lewis LLP on 3/26/2013

Beginning March 25, 2013, community organizations and other nonprofits will find it easier to become registered community organizations for Philadelphia zoning purposes. Community organizations have informally...more

Q&A With Bilzin Sumberg's Al Dotson

by Albert E. Dotson, Jr. | Bilzin Sumberg Baena Price & Axelrod LLP on 3/18/2013

Originally Published in Law360 on March 13, 2013. Q: What is the most challenging case you have worked on and what made it challenging? A: One of the most challenging matters in which I am involved is the Miami...more

King & Spalding's Measure - The Middle East Quarterly Bulletin - Winter 2013

by King & Spalding on 3/14/2013

In This Issue: - Kingdom of Saudi Arabia – New Mortgage, Real Estate and Financing Laws - Locally Domiciled Funds in the GCC - Case Study: Jabal Omar, Makkah Al-Mukarramah, the Kingdom of Saudi Arabia - New...more

Legal Alert: Georgia Court of Appeals Upholds Lien, but the Lien May Have Limited Value

by Eric Hurst, William Wildman | Sutherland Asbill & Brennan LLP on 3/14/2013

In a recent case, the Georgia Court of Appeals reaffirmed that, in most instances, a contractor’s or materialmen’s lien may only be asserted against “whatever interest his employer had in the property at the time the work was...more

International Interest Grows in Florida Real Estate Development: Currencies, Culture Work Together to Grow Foreign Interest in...

by Rosa Eckstein Schechter on 3/14/2013

Currency devaluations in other nations are a big factor, but not the only factor, in growing international interest in South Florida real estate development. Consider these recent monetary events...more

Alabama Legislative Update – Week 5: "Right to Work" Amendment Passed

by Baker, Donelson, Bearman, Caldwell &... on 3/13/2013

In the wake of the controversy surrounding the passage of the Alabama Accountability Act, the legislative process slowed considerably in the State House. However, there was some movement on a few significant pieces of...more

Raising the Bar: HUD Issues New Rule Imposing More Demanding Standard for Defending Against Discrimination Claims Under the Fair...

by Bryan Merryman, Owen Pell, Gregory Starner, Duane D. Wall | White & Case LLP on 3/7/2013

The Department of Housing and Urban Development (HUD) recently issued a new rule to formalize a national standard for determining whether a housing practice violates the Fair Housing Act (FHA) as the result of a...more

Developers Facing Environmental Woes

by Howard Nelson | Bilzin Sumberg Baena Price & Axelrod LLP on 2/26/2013

Originally published on GlobeSt.com, February 25, 2013. In January, the Department of Economic Opportunity issued a report on the state’s business climate. The report called for a statewide strategy to ensure adequate...more

Developers Seek Alternative Water Sources

by Howard Nelson | Bilzin Sumberg Baena Price & Axelrod LLP on 2/26/2013

Originally published on GlobeSt.com, February 26, 2013. Ground water is all but disappearing in Florida, with reclaimed water becoming the norm for new development and construction. What’s being done about it?...more

Florida Dispute Resolution Update: Arbitration Or Litigation Of A Fraud Dispute Stemming From A Real Property Purchase...

by Neha Dagley | Schecter Law on 2/11/2013

The Florida Supreme Court ruled that an action for fraud was within the scope of an arbitration provision in a contract for the purchase and sale of real property. George Jackson, et al. v. The Shakespeare Foundation, Inc.,...more

What is the "relevant parcel" in a regulatory takings case?

by Ben Rubin | Nossaman LLP on 1/31/2013

In Lost Tree Village Corporation v. United States, the Federal Circuit addressed this question head on, concluding, to the surprise of no one, that the answer will largely depend upon the unique facts in each case. ...more

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