Real Estate Development

News & Analysis as of

Subdivision by Condemnation?

Does a condemnation proceeding resulting in the physical separation of property into separate parts accomplish a “division” of property within the meaning of California’s Subdivision Map Act?...more

Global Tax News - November 2015

HANDS OFF DIGITAL CURRENCIES! CANADA’S SENATE CALLS FOR A LIGHT REGULATORY APPROACH Formerly considered a gimmick for geeks and gamers, digital currencies, such as Bitcoin, have grown into a worldwide phenomenon...more

Another Season of Change in North Carolina Environmental Law - Part II

As discussed in Part I of our environmental legislative update published on November 12, 2015, the 2015 North Carolina legislative session resulted in a great deal of change for the state’s environmental programs....more

Denver City Council Advances Construction Defect Ordinance

The Denver City Council on November 16, 2015 unanimously approved the first reading of a construction defect action reform ordinance designed to spur condominium development in Denver. Like Lakewood and other metro-area...more

NJ Developer Gets Green Light for Antitrust Suit as Rival Supermarket Owner Seeks to Block Wegmans

The Third Circuit Court of Appeals issued a precedential opinion last week when it ruled that a New Jersey real estate developer had standing to pursue antitrust claims against the owner of a nearby ShopRite who engaged in...more

Deadlines Approach to File 2015 Development Approval Extensions

In August, Governor Scott issued a statewide emergency declaration as well as a more localized emergency declaration, providing opportunities for extending certain development approvals within the state of Florida. ...more

Real Estate Gazette - Issue 22: Focus on Specialized Assets

It is clear that demographics play a part in dictating which investment opportunities are prominent at any point in time. For example, in France, the rise in student numbers has boosted demand for student accommodation in the...more

Virginia Holds Determination Whether Insurer Acted In Bad Faith Must Be Made By The Judge And Not The Jury

This country’s courts are split on whether the decision to award attorney’s fees in bad faith litigation should be made by the judge or the jury. Earlier this fall, Virginia aligned itself firmly with the former in Revi, LLC...more

Presidential Memo Imparts “Moral Obligation” on Agencies to Mitigate Impacts of Natural Resource Development

On Tuesday, November 3, the White House released a Presidential Memorandum: “Mitigating Impacts on Natural Resources from Development and Encouraging Related Private Investment” (“Memorandum”). The Memorandum was sent to the...more

Reach of Contractual Jury Trial Waivers Narrowed By Alabama Supreme Court

In Ex Parte Acosta, No. 1140200, — So. 3d —, No. 1140200, 2015 WL 3537476 (Ala. June 5, 2015), the Alabama Supreme Court refused to incorporate a jury trial waiver from a collateral loan document into a Promissory Note. ...more

LEED Gold Rating Not Enough to Save Building’s Zoning Variance

A New Jersey court recently reversed a variance issued by a zoning board to a building designed to achieve LEED Gold certification. The owner of the planned office building sought and obtained site plan approval and a height...more

Fundamental Evidentiary Issues – Avoiding Exclusion of Your Opinion of Value and Comparable Sales

In an unpublished opinion filed this week, the California Court of Appeal confirmed two fundamental evidentiary rules related to eminent domain matters: Before we delve into the case, here’s a basic reminder of California law...more

Lake County, Florida Impact Fees to Increase

Beginning January 11, 2016, Lake County educational impact fees will increase to $9,324.00 for single family units, $8,045.00 for multi-family units and $5,856.00 for mobile homes located within mobile homes parks....more

New Buffalo Green Code May Make It Easier to Build in the Queen City

On Thursday, October 22, 2015, Mayor Byron Brown submitted the Buffalo Green Code to Buffalo’s Common Council. The Green Code is a modern development strategy that will build on “Queen City in the 21st Century,” Buffalo’s...more

Land Use & Natural Resources Case Law Update: Third Quarter 2015

The court of appeal upheld the City of Carson’s denial of an application to convert a mobilehome rental park to a subdivision of resident-owned lots. The city’s denial of the application was based on its inconsistency with...more

SEC Cites Firm’s Inadequate Books For Delaying Investigation

The SEC took the unusual step of citing the inadequacy of the books and records of the firm for “adversely impacting” its investigation and “causing unreasonably prolonged uncertainty concerning” the company’s historic...more

New York City Defends its Community Preference Policy

Introduction - On October 2, 2015, the City of New York moved to dismiss a lawsuit accusing the City of unlawfully perpetuating racial segregation in the housing industry. See Janell Winfield, et al. v. City of New...more

New Abu Dhabi Real Estate Law - Abu Dhabi Law No 3 of 2015 Concerning the Regulation of the Real Estate Sector in the Emirate of...

The long-awaited real estate law aimed at regulating the real estate industry in the Emirate of Abu Dhabi has been released amid much enthusiasm with industry participants hoping it will give impetus to the real estate...more

Oregon Court of Appeals Holds Engineer Must Provide Property Owner with Notice of Lien Rights in Order to Perfect and Foreclose on...

In Multi/Tech Engineering Services, Inc. v. Innovative Design & Construction, LLC [274 Or App 389 (2015)], the Oregon Court of Appeals held that an engineer was required to provide a property owner with notice of lien rights...more

Restrictions on Condominium Conversions

Now that the recession is beginning to become a memory of the past, the demand for housing is on the rise, and with it is the explosive interest in the multifamily market. As more Americans are choosing to marry later and...more

Corporate Update: Australia's Foreign Investment Regime Reloaded

2015 has seen a rapid succession of changes, public consultation and now proposed amendments to the legislative and policy regime regulating foreign investment in Australia1. Collectively they represent the most significant...more

Update on Office Conversions to Residential

The Government has issued a statement on 13 October 2015 confirming that the temporary permitted development right to convert office premises to residential, subject to local authority prior approval of specified matters, is...more

EB-5 legislative update: EB-5 Regional Center Program is extended, Senate bill proposes making program permanent

We are pleased that the Continuing Resolution passed by Congress yesterday includes a temporary extension of the EB-5 Regional Center Program. This extension allows the program to continue generating foreign direct investment...more

The EB-5 Program gains short-term extension in Congress

Congress recently passed a short-term extension to keep the EB-5 Regional Center Program (commonly known as the EB-5 Program or the Immigration Investor Program) from expiring. The EB-5 program adds versatility to the...more

EB-5 Legislative Update

While the 10,000 visas that have been set aside for the EB-5 foreign investor program are part of the permanent law, the regional center program, which allows businesses and developers to aggregate the investment proceeds for...more

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