Redevelopment

News & Analysis as of

EPA Brownfields Site Planning Grants

The U.S. Environmental Protection Agency has posted a Request for Proposals (RFP) for Fiscal Year 2017 Brownfields Area-Wide Planning program grants. With estimated funding of $4 million and a maximum grant amount of...more

Legislature Imposes New TIF Restrictions While Offering Reprieve for TIF Reporting Violations

The Missouri legislature passed new legislation amending the Tax Increment Financing (TIF) laws that, subject to Gov. Jay Nixon's decision to sign into law, is expected to go into effect on or about August 28, 2016....more

Update: New Legislation Creates Land Banks

Valuable Tool for Municipalities Seeking to Redevelop Brownfield Sites - On May 4, the General Assembly passed Public Act 16-115, An Act Concerning The Creation Of Connecticut Brownfield Land Banks, Certain Lender...more

Colorado Governor Signs Bill Allowing District Activity to Proceed

Yesterday, Colorado Gov. John Hickenlooper signed into law SB 16-211, which protects the most common tool for financing and constructing improvements necessary to serve new and existing development – districts formed under...more

CDFA Creates New Brownfields Project Marketplace to Advise on Projects and Financing Resources --- Online Marketplace Scheduled...

The Council of Development Finance Agencies (“CDFA”), a national association dedicated to the advancement of development finance concerns and interests, announced the creation of the Brownfields Project Marketplace...more

Building Around a Tenant

How much redevelopment and refurbishment work can a landlord do when it has a tenant in occupation? The recent case of Timothy Taylor Limited v Mayfair House Corporation provides a useful reminder of the obligations owed by...more

New Kansas Act Allows Relief for Purchase of Contaminated Property

On May 9, 2016, Kansas Governor Sam Brownback signed into law the Contaminated Property Redevelopment Act (the “Act”). The goal of this Act is to allow purchasers in Kansas to acquire real property with pre-existing...more

West Coast Real Estate Update: May 2016 #2

San Francisco Requires Solar Panel Installation on New Buildings - Last month, the City of San Francisco passed an ordinance requiring all new buildings to include solar energy systems. California law currently requires...more

Two San Diego Projects Moving Forward

There are two interesting projects in San Diego County that are moving forward, both of which involve at least some use of eminent domain. The San Marcos Creek Specific Plan is proceeding in, not surprisingly, San...more

Corner Briefing: California Land Reuse and Revitalization Act

This is the second edition in an ongoing series of "Corner Briefings" highlighting urban infill legal tools and opportunities. These updates identify new legal cases, legislative updates, grant opportunities and other urban...more

Real Estate and Land Use - March 2016

A Rare Win for Former Redevelopment Agencies—State Collection Procedures Ruled Unconstitutional - City of Bellflower v. Michael Cohen, Director of the Department of Finance (245 Cal. App. 4th 438) - Why It Matters:...more

NYDEC Proposes Revisions to Brownfield Cleanup Program

The New York Department of Environmental Protection (DEC) has published notice regarding the proposed revisions to the Brownfield Cleanup Program (BCP) regulations. The revisions provide a minor revision to the term...more

Statute Authorizing Transfer of Local Taxes as Penalty is Unconstitutional

California Appellate Court Ruling on Proposition 22 - A statute authorizing the transfer of sales and use tax and property tax revenues from cities is unconstitutional on its face, the California Court of Appeal found...more

Nonprofits Seeking to Use Brownfields Tax Credits Beware: Directive Gutted by Massachusetts Superior Court Remains Online Without...

Massachusetts Department of Revenue guidance declared a “naked, confiscatory attempt by a state administrative agency to appropriate private property to fill government coffers” by the Massachusetts Superior Court remains on...more

Real Estate and Land Use - January 2016

Using Project Objectives to Select a Reasonable Range of Alternatives - North Coast Rivers Alliance v. A.G. Kawamura (January 4, 2016) Third District Court of Appeal Case No. C072067 - Why It Matters: This opinion...more

Application Deadline for the CITF Grant and Loan Program – February 26, 2016

The deadline to submit applications for Community Infrastructure and Tourism Fund (CITF) grants and loans is February 26, 2016. There is an estimated $6,600,000 available in grants and loans for approved applicants. The...more

Recent Affordable Housing Developments in California and the Los Angeles Region

There are several recent developments in California and in the Los Angeles region affecting the funding of urban redevelopment and the creation of affordable housing. First, the California Legislature passed, and Governor...more

New California Laws Impacting Public Agencies

This comprehensive round-up includes new legislation that will impact cities, counties, special districts and schools. There were many bills passed by California lawmakers this year that will impact municipalities and...more

California Appellate Court Addresses Lease-Back Financing Plan to Fund Public Infrastructure Improvements

Court Finds Plan Does Not Violate Requirement that Municipal Indebtedness be Approved by a Two-Thirds Vote of the Electorate - A lease-back financing plan the City of San Diego adopted to fund public infrastructure...more

Redevelopment Strikes Back

After several failed attempts in previous years, the Legislature passed and the Governor signed AB 2 (Alejo) on September 22, 2015. (Stats. 2015, ch. 319.) AB 2 authorizes a new structure for tax increment financing—the...more

SB 107 Brings Significant Changes to Redevelopment Dissolution Law

New Law Includes Dec. 31 Deadline for Agencies with Outstanding Payments Due under a Due Diligence Review - After several attempts, the California Department of Finance successfully pushed forward new legislation to...more

Appellate Court Upholds TIF District Levy and Collection of Taxes

The Illinois Appellate Court recently upheld the actions of a city council in its establishment and implementation of a TIF district (Devyn Corp. v. City of Bloomington). In this case, the Court addressed the adequacy of a...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

Redevelopment 2.0... This Time for Real!

AB 2 Appears to be the Long-Awaited Redevelopment Replacement Law - Since the demise of redevelopment in 2012, and the assurance of a “replacement” by Gov. Jerry Brown, we have been waiting. We saw valiant efforts by...more

Governor Signs AB2 Allowing for a New Tool to Combat Blight in Disadvantaged Communities

After rejecting earlier attempts to revive redevelopment, Governor Jerry Brown signed Assembly Bill 2 on September 22, 2015, creating a new process to allow local governments to address blight in economically disadvantaged...more

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