Real Estate Development

News & Analysis as of

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

CEQA Guidelines Comments: Once In a Generation Chance

The California Environmental Quality Act (CEQA) directs that certain proposed projects undergo environmental review to assess and mitigate significant environmental impacts. The CEQA Guidelines provide procedures and...more

Hotel Lawyer on EB-5 developments? What’s happening with EB-5 renewal legislation?

EB-5 is at a critical renewal point. The next 3 weeks are going to be crucial for the EB-5 industry as the current legislation sunsets on September 30, 2015. While the consensus is that this important program will be...more

New report offers toolkit for inclusionary housing programs

The Lincoln Institute of Land Policy recently released “Inclusionary Housing: Creating and Maintaining Equitable Communities,” a new report on the use of government policies that tie the creation of affordable housing to...more

The Right to Repair Act Isn’t Out for the Count, Yet. Homebuilders Fight Back

The Little Case That Roared - Two years ago we wrote about a case that caused an uproar in the homebuilding industry – Liberty Mutual Insurance Company v. Brookfield Crystal Cove LLC, 219 Cal.App.4th 98 (2013) – in...more

Development Update: Maine DEP Proposes Site Development Rule Changes

The Maine Department of Environmental Protection (DEP) will hold a hearing on October 15th to receive comments on three rulemaking changes to the state’s site location of development rules (“Site Laws”).  Additional public...more

Construction E-Note - September 2015

Florida's Department of Business and Professional Regulation requires and issues licenses for entities and individuals to qualify to construct improvements to real property in Florida. Generally speaking, an out-of-state...more

First District Applies CEQA Exhaustion/Standing Rules, Upholds Judgment Rejecting Claim of Statutory Exemption for Controversial...

In a published decision filed September 17, 2015, the First District Court of Appeal affirmed the trial court’s judgment granting a writ of mandate and finding that a proposed land exchange agreement was not statutorily...more

Is it the End of the Story for Redevelopment in California?

Long, long ago (in 2012 to be exact) in a land not so far away (also known as California), legislation which allowed local governments to establish redevelopment agencies tasked with eliminating blight through the...more

The Takeaway from Joint Ventures and Florida Licensure: Follow the Rules

Florida's Department of Business and Professional Regulation requires and issues licenses for entities and individuals to qualify to construct improvements to real property in Florida.There are licenses for Certified General...more

State Lands Commission Land Exchanges Not Exempt from CEQA Review Absent a Title or Boundary Dispute; Actual Notice Doesn’t...

In Defend Our Waterfront v. California State Lands Commission (Sept. 17, 2015) __Cal.App.4th __, Case Nos. A141696 & A141697, the California Court of Appeal for the First District upheld the trial court’s grant of a petition...more

Risks to Open Space Designated in General Plan’s Open Space Element a Valid Ground for Denying Application to Subdivide a...

A city may deny a proposed mobilehome park subdivision that is inconsistent with the open space element of its general plan, according to the recent court of appeal decision in Carson Harbor Village, Ltd. v. City of Carson,...more

Building Industry Seek U.S. Supreme Court Review of San Jose Affordable Housing Case

The California Building Industry Association has filed a petition for certiorari in the United States Supreme Court seeking review of the California Supreme Court’s recent decision in California Building Industry Association...more

PBV Selection Issues: Previous Competition and PHA-Owned Units

Two of the most troublesome aspects of selecting project-based voucher proposals have been selection based on previous competition and selection of public housing agency-owned units. Originally published in the...more

Crowdfunding and Real Estate Development

The real estate development market continues to open up to crowdfunding, and the changes to capital raising for real estate projects could be significant if only a small portion of the potential of these new methods take...more

Construction Case Law Update - September 15, 2015

Home Sales, Disclosing Defects - Home purchasers appealed summary judgment granted in favor of sellers regarding claims of defects that had a material adverse effect on the property’s value pursuant to Johnson v. Davis, 480...more

Reform on the horizon for the popular EB-5 Program

The 2016 political season has kicked into high gear, sparking lively discussions about major issues affecting the country. Two of the most significant issues being debated among the candidates are the economy and immigration....more

SEC Files Offering Fraud, Microcap Fraud Actions

Microcap fraud and offering fraud cases are staples of SEC enforcement. The agency added to its totals in these areas, filing an additional offering fraud and microcap fraud action. SEC v. Mogler, Civil Action No. 15-cv-01814...more

Real Estate Gazette - Issue 21: Focus on Hospitality and Leisure

Welcome to Issue 21 of DLA Piper’s Real Estate Gazette. at the end of the northern hemisphere summer many people have just returned from time spent relaxing in idyllic surroundings. However, what about the massive business...more

Playing Hot Potato: Indemnity Strikes Again

Indemnity can be like playing hot potato (for those of you closer to the Minecraft generation, in the game of hot potato, a metaphoric “hot potato” is tossed between (ahem amongst) players while music is playing, and when the...more

Florida Tax Issues in Commercial Real Estate and Related Financing Transactions

Florida has long been known as a tax friendly state for retirees. The "Sunshine State" has no income tax on individuals and no estate taxes. The state has quite a different reputation for commercial real estate investors who...more

[Event] Nossaman's 2015 Environmental and Land Use Seminar - September 22nd, Newport Beach, CA

Nossaman will host a complimentary half-day seminar comprised of panel discussions on a spectrum of critical federal and state environment and land use issues, including new federal rules implementing the Clean Water Act and...more

IRS Allows Developer Tax Benefit of Common Improvement Advance to City

In CCA 201537022, the IRS allowed a real estate developer to capitalize its required “advance” to the city for common infrastructure improvement costs, subject to later year adjustment to the extent the city repaid the funds....more

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