Real Estate Development

News & Analysis as of

Some CEQA Reminders From The Third District: Urban Decay Requires Actual Mitigation When Identified By EIR As A Significant...

In a lengthy opinion filed February 28, 2014, and ordered partially published on April 1, 2014, the Third District Court of Appeal reversed the Yolo County Superior Court’s judgment denying a CEQA writ petition challenging...more

EPA, Army Corps Propose New Rule to Govern Federal Clean Water Act Jurisdiction

Intended to clarify confusion from prior US Supreme Court decisions, the rules could have far-reaching implications for many stakeholders. The US Environmental Protection Agency (EPA) and the US Army Corps of...more

200 New Condo Towers Planned In South Florida Since May 2011

An exciting announcement was recently made in South Florida - between May 2011 and today more than 200 new condo towers east of I-95 in Miami-Dade, Broward and Palm Beach counties have been scheduled to be built. Yes, this...more

Agrihoods: The New “Farm-To-Table” Homebuilding Trend

Imagine driving down the paved street of a suburban community. Children are riding their bikes toward a neighborhood playground. Couples are walking on the sidewalk with tennis gear headed toward the local tennis courts....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

Overriding Interest

In this issue: Permitted Development Rights - Change of Use from Office to Residential..........1 Chancel Repairs..................................2 Flooding............................................3 Changes to...more

Condominiums and Interim Occupancy

If you are purchasing a new condominium unit in Ontario and you are ready to move in, you should be aware that just because you may be moving in, this does not mean the builder (or declarant) is ready to transfer ownership to...more

Spot Zoning Not Always an Abuse of Discretion: Senior Citizen Community Project Upheld by Fourth Appellate District

The Court of Appeal for the Fourth Appellate District recently ordered publication of the decision in Foothill Communities Coalition v. County of Orange to clarify the law regarding spot zoning in two respects. First, spot...more

New and Improved Law to Govern Commercial Common Interest Developments in California

As of January 1, 2014, commercial common interest developments (CIDs) in California are governed by the new Commercial and Industrial Common Interest Development Act. The New Act establishes provisions specific to...more

Real Estate Tip – Development Density: Three Key Contributors to Public Infrastructure

Good development requires good public infrastructure. In selecting sites for U.S. Green Building Council’s Leadership in Energy and Environmental Design certification, developers earn points for nearby public transit, walking...more

Will Koontz Mean Big Changes or Business as Usual for Real Estate Development in California

On June 25, 2013, the U.S. Supreme Court release its decision in Koontz v. St. John's River Water Managment District. Koontz has been called the most significant takings case since Kelo v. City of New London and has been...more

Controversy On Long Beach Island: Development Or Wetland Dedication?

In 1962, a powerful storm destroyed 350 homes on Long Beach Island. At the time, landowners were blocked from rebuilding beyond what was considered a reasonably durable portion of the shoreline....more

Establishing A Legal Lake Level

If you are fortunate enough to own property on one of Michigan's 11,000 inland lakes you have probably been unhappy with the lake level at one time or another....more

Real Estate Title Review: Don’t Miss These Stealth Restrictions

In many cities, urban growth now fills the farmland that once surrounded Navy and Air Force airfields. Real estate development and finance near Navy and Air Force runways, however, requires special attention to a special set...more

A New Planning System for NSW: How Proposed Changes to Planning Laws Will Impact the Building and Construction Industry

The White Paper: A New Planning System for NSW - The white paper (Paper) was released on Tuesday 16 April 2013 and included details on how the NSW new planning system would be implemented, while also responding to the...more

Anatomy of a Public-Private Partnership

This article explores the anatomy of a public-private partnership in the context of major real estate projects entered into by a governmental body with a real estate developer or owner. The author has been involved in a...more

Financeable Ground Leases – They’re Not Just for Development Sites Anymore

In years past, ground leases were used primarily as vehicles for the development or redevelopment of “stand alone” real estate. The fee owner – typically an investment group that purchased an income property years ago and now...more

Condominium And Homeowners Bills Enacted By The 2013 Florida Legislature

HB 73- Omnibus Legislation - This bill containing 74 pages is a "stripped down" version of a bill which passed the House last year but failed to obtain Senate approval. It contains a potpourri of changes to the...more

Rogers Towers: City Approves Partial Mobility Fee Waiver

The City of Jacksonville has enacted Ordinance 2013-94-E, granting a partial waiver of mobility fees for 18 months. The ordinance applies to both residential (single family and multifamily; existing lots and new development)...more

Site Assembly

The “good old days” of formal redevelopment are over. Real estate developers no longer can negotiate to assemble development sites under the threat of condemnation. Silicon Valley developers now face serious challenges in...more

TRANSACTIONAL: Project Development / Finance: First Energy Concession under innovative model to reach financial close in the...

Jabal Omar Development Company (JODC) recently embarked on its first PPP initiative in the Holy City of Makkah, a district energy project (Project) to service the company’s USD5.5bn mixed-use development at Makkah...more

Legal Fallout From CRE Bust Continues

While recovery is well underway, some commercial real estate industry players are still feeling the recession’s after-shocks through litigation in the courtroom. A recent representative high-profile case is Lennar...more

Which environmental regs may impact your development projects? [Video]

Learn how to handle evnironmental issues and regulations that companies face when launching a development project....more

Lennar’s 2012 Sales Revenue Exceeds Expectations

The talk of re-bound, recovery and strength in the real estate market is growing and now we have further evidence from one of Miami’s own. Miami-based Lennar Corporation, the largest U.S. homebuilder by market value, reported...more

Supreme Court Sets Aside Land Use Plan EIR For Failure To Adequately Assess Long-Term Water Supplies Decision Clarifies Principles...

The California Supreme Court on February 1, 2007, issued a long-awaited decision concerning assessment of water supplies during California Environmental Quality Act (“CEQA”) review of proposed land-use plans....more

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