Real Estate Development

News & Analysis as of

BEPS – are you affected?

Over 100 countries and jurisdictions are collaborating through the OECD to implement measures to tackle base erosion and profit shifting (BEPS). The OECD have set out 15 actions points that aim to equip governments with the...more

Ontario Municipal Board review: be careful what you wish for

NIMBYists and development antagonists across Ontario are rejoicing with the Province’s unveiling of its latest proposal to reform the Ontario Municipal Board (O.M.B.)....more

Land tax win for property developers, primary production

In a ground breaking win for property developers, a recent NSW Court of Appeal decision found that land held for future development but used for grazing, can be exempt from land tax....more

Fairfax County Establishes Community Council on Land Use Engagement

Chairman Bulova recently created a Community Council on Land Use Engagement to discuss and make recommendations on ways to improve communication with citizens during the land use process. The first meeting was held on...more

West Coast Real Estate Update: February 2017

Los Angeles, Seattle Top List of Best Markets for Multifamily Investment - Marcus & Millichap's 2017 National Multifamily Index (NMI) ranks Los Angeles and Seattle first and second, respectively, among 46 major domestic...more

What is a Community Association? Unwrapping the Riddle

There are approximately 14,000 planned communities located throughout North Carolina, but very few of the nearly 3 million residents of such communities have a clear understanding of what the heck the community association...more

Downtown Parking Lot Facelift Starts With The Collective

Construction is underway for one of the first of many development projects slated for downtown surface parking lots owned by the Goodman family's Downtown Development Group (www.ddgportland.com). Due to open in fall of 2018,...more

Implied terms: Lord Neuberger's Cardinal Rule Applied

In IBRC v Camden, the Court of Appeal held that a lender's express contractual power to market a loan was not subject to an implied limitation that doing so should not interfere with the borrower's ability to obtain the best...more

Victory for Large Home Builders: South Carolina Federal Court Rejects Class Arbitration

On February 1, 2017, a federal district court in South Carolina ruled that a standard arbitration agreement between a national homebuilder and purchaser does not permit the purchaser to pursue class arbitration. This appears...more

Draft Airports NPS takes off…

On 2 February 2017 the Government published its highly anticipated draft Airports National Policy Statement (“NPS”) alongside a consultation on the contents of the draft NPS....more

Montgomery County Growth and Development Update

Montgomery County continues to plan for growth and new development. The Planning Board of the Maryland-National Capital Park and Planning Commission (“Planning Board”) is currently working on two master plans, the White Flint...more

First LB&I Campaigns Demonstrate a Flexible Approach

On January 31, 2017, the Large Business & International Division of the IRS (LB&I) released the subjects of its first 13 campaigns. Each campaign addresses a specific area that the IRS has identified as a substantial...more

Fairfax County Rolls Out New Approach To Site Specific Replanning Proposals

The Comprehensive Plan is critical to land valuation and redevelopment potential. Fairfax County has recently rolled out a proposed new process related to the procedural mechanisms for proposing site specific amendments to...more

Wisconsin Supreme Court Clarifies Required Assessment Methodology for Section 42 Housing

Regency West concerned the 2012 and 2013 assessments of a newly constructed 72-unit Section 42 housing development. For 2012 (the first tax year following completion of construction), the city assessed the property at...more

Real Estate. Major St Petersburg legislation changes for 2016

We would like to present the overview of the most important St. Petersburg legislation changes in real estate for 2016....more

New Land Court Rule 14 Seeks to Expedite Cases and Lower Costs

The new Land Court Rule 14 went into effect on January 1, 2017. The Rule was proposed by the Justices of the Land Court in connection with their collaborative work with the Supreme Judicial Court’s Alternative Litigation...more

Under the Dome: Inside the Maine State House

Under the Dome: Inside the Maine State House provides a high-level overview of recent activity at the Maine State House. LePage Presents Priorities at Biddeford Town Hall Forum - On Wednesday, January 25, Governor...more

Lenders Need to Understand Green Building Risks

During the recession, one of our developer clients advised us that he was fending off foreclosure on his high-rise by using the bank’s failure to include the source of the building’s air conditioning in its lien. The...more

French Legal and Regulatory Update – December 2016

The Paris office of Hogan Lovells is pleased to provide this English language edition of our monthly e-newsletter, which offers a legal and regulatory update covering France and Europe for December 2016. Please see full...more

Can Post-Acquisition Land Use Restrictions Change Ordinary Income to Capital Gain?

In Boree v. Commissioner, 118 AFTR 2d 2016-5742 (11th Cir., Sep. 12, 2016), the Eleventh Circuit held that the county’s adoption of subdivision regulatory requirements after taxpayers had purchased certain real property was...more

Land Use Boards/Subsequent Application Doctrine

Land use boards, especially planning and zoning boards, are often faced with applications to develop property that are similar to prior applications to develop the same property. Since the New Hampshire Supreme Court’s...more

West Coast Real Estate Update: January 2017 #2

California Prepares for Possible Rollback of Federal Water, Wetlands Regulations - Scott Pruitt, President Donald Trump's pick to lead the Environmental Protection Agency (EPA), has discussed eliminating what he...more

Amendments to real estate legislation for the fourth quarter of 2016 - Our traditional overview of the most important changes...

Amendments to federal laws - Federal Law No. 401-FZ dated 30.11.2016 “On Amendments to Parts One and Two of the Tax Code of the Russian Federation and Certain Legislative Acts of the Russian Federation” As you may...more

Developers take note: What you need to know about proposed changes to the Environmental Planning and Assessment Act 1979

After his predecessor failed to push through a whole new Planning Act in 2013, the current Planning Minister, Rob Stokes, appears to have accepted that he is stuck with the ageing Environmental Planning and Assessment Act...more

Construction Group News: Your corporate real estate is held by a separate LLC, so it's protected, right? Maybe Not...

Your business real estate may not be safe from a separate, but related, company’s bankruptcy. In a shot across the bow to the Massachusetts construction community, a Massachusetts bankruptcy court has determined that in...more

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