Land Developers

News & Analysis as of

[Events] Nossaman's 2016 Northern California Environmental and Land Use Law Update - November 9th - Walnut Creek, CA

Nossaman is hosting its first Environmental and Land Use Law Update in Northern California! This complimentary morning seminar will be comprised of panel discussions on a spectrum of critical federal and state environment...more

The ILSA Condo Exemption – Not Out of the Woods Yet

The Interstate Land Sales Full Disclosure Act (ILSA) is a federal statute that aims to prevent land sales fraud and uninformed purchases of unimproved real property by requiring registration of subdivisions with the Consumer...more

U.S. Supreme Court Denies U.S. Forest Service’s Petition for Review in Canadian Lynx Case

On October 11, 2016, the U.S. Supreme Court denied the U.S. Forest Service’s (“Forest Service”) petition for writ of certiorari to review the U.S. Court of Appeal for the Ninth Circuit’s decision in Cottonwood Environmental...more

Town and Village Greens Update October 2016

Since we last posted on common land and town and village greens, there have been new cases. Given the impact common land can have on developments, applications to register land as a town or village green are often appealed...more

Should You Litigate In Court or Arbitrate the Dispute?

Faced with the rising costs of doing business in our increasingly litigious society, today's employers are looking at any way to manage fees and costs associated with resolving disputes over employment decisions. Some of the...more

Pennsylvania is Back on the Clock with the Development Permit Extension Act

A government-approved “time-out” on commercial and residential development in Pennsylvania is ending, and could lead to a surge of development throughout the state. The sluggish economy of the recent recession spurred...more

MassDEP: The Rising Tide May Steal Your Development Rights

Does a pile field exist if it’s covered at high tide? MassDEP seems to think not. Through the Commonwealth’s Chapter 91 program, MassDEP regulates what can be built over tidelands. In last week’s Environmental...more

Proposed Workforce Housing Ordinance Could Significantly Impact Residential Development in Miami-Dade County

County Commissioner Barbara Jordan has proposed a workforce housing ordinance (Ordinance) which would require developers to provide workforce housing in association with residential development projects within Miami-Dade...more

Defence & Indemnity - August 2016: II. LIABILITY ISSUES #2

B. There is no vicarious liability for an occupier of land for the negligence of an independent contractor on the basis of agency. Heikkila v. Apex Land Corporation, 2016 ABCA 126 [4191]...more

California Governor Extends CEQA Litigation Streamlining Provisions for Large Projects Promoting Job Creation and Innovative...

Law Will Expedite Schedules for Qualified Projects - On Friday, Gov. Jerry Brown signed into law a bill extending special California Environmental Quality Act litigation streamlining provisions for large,...more

Significant Changes to Washington State’s Voluntary Cleanup Program

The Washington State Department of Ecology (Ecology) recently rolled out significant changes to its Voluntary Cleanup Program (VCP). The VCP covers the largest number of cleanup sites in Washington and is a key part of many...more

Four Challenges When Repurposing Office Campuses

Greenberg Glusker Real Estate partner Henry Finkelstein was quoted in a Law360 article published August 25, 2016, “4 Challenges When Repurposing Office Campuses,” (subs. required) about the challenges developers face in...more

Judge, not Jury, Must Consider the Constitutionality of a Dedication Requirement and Whether it Qualifies as a "Project Effect"

One issue that can arise in eminent domain actions involving undeveloped (or under developed) property is whether the property being acquired is potentially subject to a dedication requirement. If the property’s overall...more

Real Estate and Land Use - August 2016

Court of Appeal Holds EIR Inadequately Analyzed Energy Impacts - Ukiah Citizens for Safety First v. City of Ukiah et al. (248 Cal.App.4th 256) (partially published) - Why It Matters: The California Court of Appeal...more

Extension Period Expires for Pennsylvania Development Permits, Approvals

Now that the extension period has ended, it is imperative for those involved in real estate development to review and understand the approvals and permits that affect their properties and properly calculate and verify the...more

The Cost of Clarity: IRS Issues Regulations Addressing Proper Treatment of Code Section 50(d) Income

On July 21, 2016, the IRS issued long-awaited regulations under Section 50 of the Internal Revenue Code (the “Code”) clarifying the manner in which “Section 50(d) Income” is to be recognized in lease pass-through investment...more

City of Pittsburgh adopts Riverfront IPOD

On June 6, 2016, City of Pittsburgh Mayor William Peduto signed legislation enacted by City Council amending the City of Pittsburgh Zoning Code by establishing a Riverfront Interim Planning Overlay District (“IPOD”). The...more

Unsubstantiated Challenges to an Agency’s Conditional Use Permit Findings Will Not Fly

Developing real property in California is notoriously difficult. Given minimal standing requirements, project opponents can and do tie up and delay new development for the mere cost of a filing fee. In order to prevail in...more

The Tide Rises Waterfront Development in Pennsylvania

Pennsylvania organizations hoping to increase development of public amenities and parks along Pennsylvania’s waterfronts may soon benefit from the new “Waterfront Development Tax Credit” enacted as part of Act 84, and signed...more

CEQA Remedies Statute Does Not Authorize Appellate Court To Issue Writ And Supervise Compliance On Direct Appeal, Holds Second...

In the published part of a partially published opinion filed July 11, 2016, the Second Appellate District Court of Appeal held that Public Resources Code § 21168.9 does not authorize an appellate court to issue and supervise...more

Brexit – Real Estate Update

In the run-up to the referendum, many of the headlines focused on the economy and immigration. Little was made of the real estate market, which is surprising given that it is reported to be worth nearly £7 trillion; account...more

Lack of Court Direction Requires Developers and Lenders to Estimate Their Own Significance Thresholds for GHG Emissions Past 2020

This June, the California Supreme Court heard the last set of oral arguments before breaking for the summer. Cleveland National Forest Foundation v. San Diego Association of Governments, 231 Cal.App.4th 1056 (2014)...more

Wetlands Determinations - Uncertainty for the Clean Water Rule?

On May 31, 2016, the United States Supreme Court issued its decision in United States Army Corps of Engineers v. Hawkes Co., Inc. holding that approved judicial determinations as to the presence of wetlands issued by the...more

Development Project May be Declared Consistent with General Plan Even if Quantitative Standards Exceeded

There is no question in California land use law that development projects need not comply with every goal or policy in a community’s general plan. While a city’s or county’s land use decisions must be consistent with the...more

Federal Government Order to Protect Frog Habitat Stops Land Development in Suburban Montréal

On June 17, 2016, the federal cabinet approved an emergency order (Order) for protection of the habitat of the Western Chorus Frog (Great Lakes/St. Lawrence-Canadian Shield population) in La Prairie, Quebec. This is the...more

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