Land Developers

News & Analysis as of

Lender Cleared From Being Classified As a "Developer" Under the Interstate Land Sales Act

Poyner Spruill has been keeping an eye out for lawsuits where the plaintiffs attempted to lump lenders in with developers for liability purposes and we are glad to report the North Carolina Court of Appeals has refuted such...more

Filing For Building Permits By April 21 In Miami-Dade County Can Save Developers Up To 23% In Increased Fees

The Miami-Dade County roadway impact fees are slated to increase by approximately 23% on April 22, 2014. Developers should be aware of these increases in impact fees, as substantial cost savings can be achieved through...more

Interior’s Carcieri Opinion Means More Diligence for Trust Land Development Projects

The Office of the Solicitor of the Department of the Interior has issued a legal opinion (the “Opinion“) to the Secretary of the Interior interpreting the statutory phrase “under federal jurisdiction” in the Indian...more

Construction and Land Use Newsletter - March 2014

Please see full newsletter below for more information. - Lorton Landfill Dispute Nearing Board of Supervisors’ Review - I Know My (Vested) Rights! Developing a Project in a Changing Climate - Excerpt from...more

The Womble Carlyle Economic Development Digest - March 12, 2014

Womble Carlyle’s Economic Development Digest aggregates news, opportunities and legislation impacting business in the United States....more

Covenants In Lieu Of Unity Of Title; A Flexible Vehicle To Address Phased And Multi-Purposed Developments

For years, governmental agencies have wrestled with the concept of how to best regulate and control multi-phased and/or mixed-use developments which may result in multiple ownerships....more

Court Rejects Rule 106 Challenge to Sterling Ranch Rezoning Approval

Important Ruling for Colorado’s Development Community - On February 19, a Colorado state court judge rejected a lawsuit challenging a Douglas County rezoning decision that will now allow for the continued permitting...more

I Know My (Vested) Rights! Developing a Project in a Changing Climate

More than one landowner has been disappointed to find out they cannot develop their property how they would like. This disappointment can be compounded if the landowner bought a property based on its zoning potential, but the...more

Separate But Not Equal: The New Commercial and Industrial Common Interest Development Statute

Introduction - Since 1986, a single body of law, the Davis-Stirling Common Interest Development Act (“Davis-Sterling Act”), has governed both residential and commercial common interest developments. The provisions of...more

Los Angeles Issues New Guidelines for Designing Small Lot Subdivisions

The Los Angeles Department of City Planning Advisory Agency recently released its Small Lot Subdivision Policy and Small Lot Design Guidelines. The purpose of the guidelines is to help architects, developers, and residents...more

Caveat Venditor (Let the Seller Beware): Consumer Protection Procedures Act Strikes Again in the District of Columbia

A recent court decision emphasizes the need for real estate developers to proceed with caution when making representations to potential home buyers in the District of Columbia, as well as in other jurisdictions with similar...more

Developers Beware: Consumer Protection Procedures Act Strikes Again in D.C.

A recent court decision emphasizes the need for real estate developers to proceed with caution when making representations to potential home buyers in the District of Columbia, as well as in other jurisdictions with similar...more

CEQA Action Seeking to Avoid LAFCO Annexation and SOI Change Approvals is Dismissed for Failure to Comply with Procedural...

The lessons taught by the Fifth District Court of Appeal in its recently-published decision in Protect Agricultural Land v. Stanislaus County Local Agency Formation Commission (City of Ceres, RPI), ___ Cal.App.4th ___, 2014...more

Permitted Development Rights - Change of Use

These permitted development rights were announced by Eric Pickles in January 2013 as one of the measures promoted by the government last year to increase the national housing supply. They came into effect in May 2013 and...more

The New Environmental Due Diligence Standard Saga Continues

To supplement our prior blog posts with respect to this issue, on December 30, 2013, the USEPA published a final rule (“Final Rule”) adopting the ASTM E1527-13 Standard Practice for Environmental Site Assessments, Phase I...more

Saying What You Mean and Meaning What You Say: Collecting Cash Proffers for Residential Development

During the course of rezoning a property, it is common for landowners to offer incentives to a locality to grant the rezoning. Such incentives often take the form of proffers, which are voluntary conditions the landowner...more

Arizona Court of Appeals Holds That Certain Residential Developers Are Not Protected By The Anti-Deficiency Statute After...

Nearly three years ago, in M&I Marshall & Isley Bank v. Mueller, the Arizona Court of Appeals held that the Arizona anti-deficiency statute protects a borrower who started, but never completed, construction of a single-family...more

“Spot Zoning” Found Permissible Where Small Parcel Given Greater Rights than Surrounding Properties and New Zoning Served the...

The Orange County Board of Supervisors (“Board”) approved a proposed senior citizen living community (“Project”) on a seven-acre parcel, creating a new zoning definition for senior residential housing and rezoning the parcel...more

Real Estate Tip – Part 2: Planning Board Demands: When Are They Unconstitutional?

Koontz v. St. John’s River Water Management District 133 S.Ct. 2586 (2013) - In our last real estate tip, we saw how the U.S. Supreme Court under the Nollan and Dolan cases test conditions of approval under the 5th...more

Texas Environmental Update - January 2014

We are pleased to provide you with this issue of Bracewell's Texas Environmental Update, offering the latest news about permitting, enforcement, regulatory developments, and other matters of interest to the regulated...more

How to Find the Right Regional Center and Negotiate the Terms of an EB-5 Financing for your Hotel Project

Why EB-5 financing is important to hotel developers now: Financing for new hotel development is still in short supply, even for experienced hotel developers. As a result, many hotel developers are exploring the EB-5 financing...more

The District of Columbia's Implementation of Stormwater Management Regulations Enters Second Transition Phase

During the second transition period for the implementation of the District's new Stormwater Management Regulations, certain regulated projects may qualify for exemptions from certain stormwater retention requirements....more

LEED Silver Requirement To Be Introduced in Montgomery County

On January 21, Montgomery County Councilmember Roger Berliner will introduce 13 legislative initiatives to increase the County's commitment, in the public and private sector, to reducing greenhouse gas emissions by 80 percent...more

Beni Culturali E Paesaggistici: Novità legislative e riflessioni interpretative

PERMESSO EDILIZIO E PAESAGGISTICO, TEMPI DIFFERENZIATI - L’autorizzazione della Soprintendenza non è più legata al titolo abilitativo - La durata dell’autorizzazione paesaggistica non è più allineata al permesso...more

Vapor Intrusion Risk Insufficient to Trigger EIR for Urban Infill Project

In Parker Shattuck Neighbors, et al. v. Berkeley City Council, et. al. (First Appellate District, December 30, 2013) (“Shattuck Neighbors”), the court upheld the City of Berkeley’s approval of a mitigated negative declaration...more

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