Property Improvements

News & Analysis as of

Tax Law Hampering Airport Improvements, Government Accountability Office Finds

Since 1970, the federal Airport and Airway Trust Fund (referred to as the Aviation Trust Fund) has been an important source of finance for airport improvements. But the fund has dwindled thanks to a 2006 law, passed to quell...more

How to Prevent a Tenant from Removing Valuable Equipment Before They Flee

A landlord may prevent a tenant from taking equipment from the premises by filing a distress writ. Before a landlord files suit for eviction, it should first consider whether there is any equipment on the premises that...more

Renovating the Past, Constructing the Future: H.R. 5530

This is the fourth installment in a series examining five bipartisan bills advanced by the House Committee on Education and the Workforce on June 22, 2016 and approved by the full House of Representatives on July 11, 2016....more

Missouri Court of Appeals Finds Single Tenant Finish Mechanics Liens Encumber Entire Mall

On April 12, 2016, the Missouri Court of Appeals for the Eastern District handed down an opinion Crafton Contracting Company, et al. v. Swenson Construction, Inc., that is of interest to owner/landlords, their lenders,...more

According to the Right and Good of Ancient Law

“You don’t know what you don’t know” is a popular catchphrase. So, do you know what a “betterment” is and how the law of betterments operates? Land use law has ancient roots. Sometimes, a case requires an appellate...more

DIY Project Coming Up? Confirm Your Zoning Requirements

As the weather starts to get warmer, many people consider different ways in which they can improve their property. This could be an addition to their home, a covered patio, or a shed in their backyard. Regardless of the type...more

The Life Sciences Lease: A Marathon, Not a Sprint

Leases often form the start of a long term relationship between a landlord and tenant. This dynamic is much more critical in the life sciences context, and the process of lease negotiation and implementation requires...more

Property Assessed Clean Energy (PACE) Legal Update – November 2015

In the past few months, we have seen some decisions regarding Property Assessed Clean Energy Loans (PACE loans) that may open the doors for additional states, counties, and local municipalities to authorize, create, and fund...more

New York Commercial Division to Tighten Eligibility Requirements For Two Categories of Disputes

Parties and counsel involved in disputes arising out of domestic arbitrations or home improvement contracts soon will have to clear heightened eligibility requirements before being able to proceed in the Commercial Division...more

Illinois Court Upholds TIF District Levy and Collection of Taxes

An Illinois Appellate Court recently upheld the actions of a city council in its establishment and implementation of a TIF district through the Tax Increment Allocation Redevelopment Act, (Devyn Corp v. City of Bloomington)....more

Hard Hats Required: Sales Taxes & Capital Improvements - Some Practical Pointers

We recently authored an article in State Tax Notes analyzing New York’s complicated rules affecting sales taxation of contractor services and capital improvements. In this follow-up post, we want to highlight a few practical...more

New Tax Rules for Tangible Property

Progress always requires change, and progress in the way we tax tangible property is no exception. The tangible property rules have long been one of the murkier areas of the federal tax code. But new regulations — the last...more

Court Ruling May Result in Property Tax on Previously Exempt Community Association Property

A recent Nevada Supreme Court decision suggests that community association common areas may be subject to property tax based upon the value of common area improvements, even if the underlying land is effectively valueless...more

‘When Do I Get My Space?’ A Brief Tenant Improvements Guide for Tenants

You’ve had enough of building tours, negotiating lease terms, conference calls and your inbox filling up with PDFs of nearly final improvement specifications and space plans. You’ve finally signed a shiny new lease for space...more

Pennsylvania’s City Revitalization and Improvement Zone (“CRIZ”)

Purpose of the CRIZ Program - Act 52 of 2013 created the City Revitalization and Improvement Zone (“CRIZ”) Program. The purpose of this program is stimulate economic development and job creation in Pennsylvania's...more

Real Property, Financial Services & Title Insurance Case Law Update: November 2013

I. FLORIDA STATE CASES – SARA WITMEYER & SASHA FUNK GRANAI - - Implied Warranties of Fitness and Merchantability: warranties apply to improvements that provide essential services to residential subdivision, including...more

Illinois Supreme Court to Decide Who Pays When the General Contractor Goes Bust

Today, as we await the start of the Court’s November term, we begin our first look previews at the most recent additions to the Court’s civil docket. First up is Lake County Grading Company, LLC v. The Village of Antioch, a...more

Who’s On First? Secured Party Not a Third-Party Beneficiary Under Improvement Agreements

It’s fairly common, particularly for new developments on previously undeveloped property, for public entities to require that the developer agree to construct, install or pay for improvements such as roads, sewage, storm...more

Construction Is Complete On Much Of The Repair Regulations

On September 13, 2013, the IRS and Treasury Department released final regulations regarding the deduction and capitalization of expenditures related to tangible property. Rules were also released regarding accounting for and...more

A Cautionary Tale To Owners Of Pre-Existing Nonconforming Uses And Structures

In New Jersey, property owners have a right to maintain a use or structure that does not comply with current zoning if the use or structure is deemed to be a valid nonconformity. N.J.S.A. 40:55D-68. The right to maintain that...more

Understanding Zoning Nonconforming Uses Is No Walk In The Park, But A Mobile-Home Park May Be Treated As A Unified Use.

When Arizona municipalities adopt new zoning ordinances and regulations, existing property owners have the right to continue using their property for the use in place when the new ordinance or regulation becomes effective,...more

Do Construction Managers Need to be Licensed? A Case of Blurred Lines

Robin Thicke’s song Blurred Lines (or, perhaps, more accurately, its music video of models who appear to have forgotten to get dressed) seems to be this Summer’s anthem. Number 1 on the billboard charts, fodder for...more

Ninth Circuit Decision Creates New Tax Opportunities and Challenges in Indian Country

Since the Supreme Court’s 1973 decision in Mescalero Apache Tribe v. Jones, it has been clear that state and local tax authorities could not assess property tax on permanent improvements located on tribal trust land when...more

Why A “Lifetime” Warranty Is Only A Six Year Warranty For Contractors And Manufacturers

Most would assume that a warranty lasts for as long as the warranty’s terms. In North Carolina, a recent Court of Appeals decision has made clear that an extended warranty, absent evidence of fraudulent, willful, or wanton...more

Real Property, Financial Services & Title Insurance Case Law Update: Week Ending July 26, 2013

I. FLORIDA STATE CASES – ILAN NIEUCHOWICZ - Inverse Condemnation: landowner entitled to money damages from state for inverse condemnation resulting from newly enacted law restricting landowner’s use of equipment and...more

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