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Hinckley Allen

Massachusetts Appeals Court Reaffirms Ways In Which Building Permits May Be Automatically Extended

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Those familiar with construction in Massachusetts know all too well the numerous types of building permits, approvals, orders of conditions, and the like that may be required to proceed with construction work on a given...more

Lowenstein Sandler LLP

How Long is Forever? PFAS Chemicals in Commercial Real Estate

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In this episode of "Terra Firma: Conversations on Commercial Real Estate," Kegan A. Brown, partner in Lowenstein's Environmental Law & Litigation group, joins Real Estate partner Kimberly E. Lomot for a discussion on PFAS,...more

Adams & Reese

Alabama Court Affirms that Marking Can Establish Timberland Adverse Possession

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On April 11, 2025, the Alabama Court of Civil Appeals issued an opinion in Rayonier Forest Resources, LP v. Hudson, CL-2025-0003, in which it clarified Alabama law on how timberland owners and management companies can...more

Farella Braun + Martel LLP

The Evolving Landscape of Wildfire Insurance in California and Takeaways for Policyholders

Wildfires in California are occurring with greater frequency, causing more destruction, and increasingly igniting in unexpected locations and at unforeseen times. Since the 1970s, the length of the wildfire season in western...more

Baker Botts L.L.P.

Write it Down or Forever Hold Your Peace: Texas Supreme Court Rejects Fraud Claims Based on Oral Representations in Mineral Deals

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On Friday, May 9th, the Supreme Court of Texas addressed important issues regarding the enforcement of written contractual representations in its per curiam opinion styled Roxo Energy Co., LLC et al. v. Baxsto, LLC, ---...more

Guidepost Solutions LLC

[Webinar] Avoid Costly Mistakes in Your Next Data Center Project – Learn How - May 30th, 11:00 am BST

Avoiding Pitfalls in the Data Center Rush - The global demand for data centers is accelerating—and so is the pressure to deliver fast, secure, and scalable infrastructure. But in the rush to meet demand, critical missteps...more

Bennett Jones LLP

Tenant Due Diligence Essentials in British Columbia

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Corporate and property searches are an essential starting point for tenant due diligence when negotiating a commercial lease. Due diligence search results can provide tenants with a clearer picture of the property, the...more

McGinnis Lochridge

All Depths or Just One Formation? Court Clarifies Royalty Conveyance in Rock River v. Pioneer

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This recent case (Rock River Minerals, LP v. Pioneer Nat. Res. USA Inc., No. 08-23-00216-CV, 2024 WL 4528917 [Tex. App.—El Paso Oct. 18, 2024, no pet. h.]) explored whether an assignment of an overriding royalty interest,...more

Stark & Stark

Understanding the Right of First Refusal Clause in Real Estate Transactions

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What is a right of first refusal clause in a real estate transaction? A right of first refusal, “ROFR,” may be considered a common clause seen in real estate agreements. But the effects of an ROFR can be quite harmful if...more

Allen Matkins

What kinds of assets are investors targeting in today’s shifting political and economic climate?

Allen Matkins on

“I am seeing continued enthusiasm for existing multifamily assets – particularly those with a value-add opportunity. Although renovations are expensive, the improvement of an existing multifamily asset provides investors with...more

Goulston & Storrs PC

AG's Power Holds, but Agency Shortcuts Don't

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In Att’y Gen. v. Town Milton, the court ruled that the Massachusetts Bay Transportation Authority (“MBTA”) Communities Act, G. L. c. 40A, § 3A (“Section 3A”), is constitutional, and that the Attorney General has the authority...more

Goulston & Storrs PC

Equal Protection Not on the Menu This Time

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In North End Chamber of Commerce (“NECC”) v. City of Boston, the NECC and several restaurants in the North End neighborhood of Boston (“Plaintiffs”) filed suit against the City of Boston (“City”), alleging that the City...more

Bricker Graydon LLP

New Community Authorities (NCAs) - An Economic Development Tool Most Ohio Communities Aren’t Using

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Local governments across Ohio are engaged in a competitive race to spur economic development, attract developers, and secure long-term prosperity.  And while most local governments are familiar with traditional economic...more

Cozen O'Connor

Deadline Extended for New York City Local Law 97

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May 1, 2025, was the first compliance report deadline under New York City’s Local Law 97 (LL97). LL97 requires most buildings over 25,000 square feet, including condominiums (condos) and cooperatives (coops), to limit carbon...more

Buchalter

AIR RIGHTS DEVELOPMENT-Practical Use of “Air Rights”- PART II

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In Part I of this series, the legal foundation for “air rights” development was introduced. The following hypotheticals illustrate practical examples of air rights development. As discussed in Part I, air rights development...more

Otten Johnson Robinson Neff + Ragonetti PC

Denver Mayor Promises $10,000 Refunds for Delayed Permit Applications

On April 14, 2025, Mayor Mike Johnston signed Executive Order 151 to create a new Denver Permitting Office (“DPO”) which is to begin reviewing development and construction permit applications in mid-May. The Executive Order...more

Balancing Leasing Acquisition and Environmental Risk in Data Center Projects

Buoyed by robust demand for large parcels of undeveloped land, the rise of artificial intelligence workloads, and the game-changing role that hyperscalers are playing, the real estate market for data centers is in a strong...more

Goulston & Storrs PC

Emphasize Social Spaces During RE Project Public Review

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As Boston continues to work through revisions to its public review process for real estate projects, a key concern is how to determine the appropriate mix of required mitigation and community benefits. Originally Published...more

McGinnis Lochridge

Affirmative Defenses Are Insufficient to Rebut the Van Dyke Presumption

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Under Van Dyke, deeds with double-fraction royalty reservations referencing “1/8” are presumed to reserve a floating royalty interest unless clearly contradicted. Defenses like waiver, ratification, and limitations cannot...more

Mandelbaum Barrett PC

Veterinary Real Estate Transactions: Legal & Strategic Considerations

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Current Market Overview - The veterinary real estate market remains active in 2025, though it’s evolving in response to broader economic conditions. Rising interest rates, limited inventory in high-demand urban and suburban...more

Cozen O'Connor

Court Weighs in on Determining “Period of Restoration”

Cozen O'Connor on

In Comprehensive Medical Center, Inc. v. State Farm Mutual Automobile Insurance Company, 2025 WL 416814 (9th Cir. 2025), the Ninth Circuit Court of Appeals affirmed the district court’s determination that the period of...more

Blake, Cassels & Graydon LLP

Commercially Reasonable and Diligent Efforts at the Earliest Possible Date: A Novel Contract Clause

The recent case of Epix Developments Ltd. v. Bonnis Development Union Street Limited Partnership (Epix) addressed the interpretation of a novel compound contractual clause following the termination of an agreement due to a...more

Tyson & Mendes LLP

But I Didn’t Mean to Do It …

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As a father of three children, I have become intimately familiar with this defense to all manner of allegations (which, yes, often involve property damage). When it comes to coverage disputes, you often see insureds making...more

Holland & Knight LLP

Tenant Estoppels, Part 2 of 2: Practical Reminders on What Landlords Should Seek

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If the tenant and/or its tenant estoppel is important, consider asking them to alert you immediately if they have concerns about meeting response obligations. Your pending refinance or sale may go smoother if you are in...more

Holland & Knight LLP

Tenant Estoppels, Part 1 of 2: Practical Reminders on What Tenants Should Avoid

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Although tenant estoppels can seem to be mostly nuisance documents, they can pose traps for the unwary, particularly if you are leasing space that is important to your company's operations or you have loan covenants regarding...more

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