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Read Commercial Real Estate Law updates, news, and legal commentary from leading lawyers and law firms:
DLA Piper

House Passes Sweeping Tax Bill: Top Points for the Investment Funds Industry

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On May 22, 2025, the House of Representatives passed a tax bill with some limited amendments (House Tax Bill). The House Tax Bill will now head to the Senate, where additional amendments could be made. Below, we outline five...more

King & Spalding

Minnesota Court Allows Counterclaims Against Credit Union

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On March 10, 2025, a Minnesota state court judge granted in part and denied in part a credit union’s motion for summary judgment—and granted the defendants’ motion for leave to assert counterclaims against the credit union—in...more

Goodwin

Goodwin REIT Alert: Recent Developments in the Use of “At-the-Market” Offering Programs by REITs

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At-the-market (ATM) offering programs continue to provide public real estate investment trusts (REITs) and other issuers an efficient means of raising capital over time by allowing a listed company to tap into the existing...more

McGinnis Lochridge

Production Disputes and Estoppel Claims Cloud Lease Termination in Milam County

McGinnis Lochridge on

In this lease termination case (Pruett v. River Land Holdings, LLC, No. 03-22-00478-CV, 2024 WL 1745652, at *1 [Tex. App.—Austin Apr. 24, 2024, no pet.]), the Austin Court of Appeals was tasked with examining a cessation of...more

Pillsbury - Gravel2Gavel Construction & Real...

From Shale to Salt: Texas Supreme Court Applies Uniform Rule for Ownership of Subsurface Caverns

In a closely watched opinion issued on May 16, 2025, the Texas Supreme Court in Myers-Woodward, LLC v. Undergrounds Services Markham, LLC, — S.W.3d —, No. 22-0878, 2025 WL 1415892 (Tex. May 16, 2025) resolved a long-uncertain...more

Gray Reed

Texas Pore Space Ownership – Royalty Calculation

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In Myers-Woodward, LLC v. Underground Services Markham, LLC et al, (discussed previously) the parties disagreed on how to calculate Myers’ royalty on salt produced by Underground....more

Warner Norcross + Judd

Diversification and Tax Savings with a 1031 UPREIT

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A 1031 UPREIT (Umbrella Partnership Real Estate Investment Trust) transaction allows real estate investors to exchange property on a tax-deferred basis under IRS Section 1031 while gaining diversification and liquidity by...more

Husch Blackwell LLP

Wisconsin Court of Appeals Upholds Ordinance or Law Exclusion in Insurance Coverage Dispute

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In a recent decision, the Wisconsin Court of Appeals affirmed the application of an “Ordinance or Law Exclusion” in a business owner’s insurance policy issued by Germantown Mutual Insurance Company.[1] The case, involving...more

Blake, Cassels & Graydon LLP

Nouvelle clause contractuelle : Efforts raisonnables et diligents sur le plan commercial à la date la plus rapprochée possible

Dans l’affaire récente Epix Developments Ltd. v. Bonnis Development Union Street Limited Partnership (l’« affaire Epix ») (en anglais), un tribunal en Colombie-Britannique s’est penché sur l’interprétation d’une nouvelle...more

Mitchell, Williams, Selig, Gates & Woodyard,...

U.S. Environmental Protection Agency Announces $267 Million in Brownfield Grants: Pine Bluff, Arkansas Awarded $500,000 to Address...

The United States Environmental Protection Agency (“EPA”) issued a May 16th news release announcing $267 million in Brownfield grants. Pine Bluff, Arkansas was awarded $500,000.00 that will be targeted for the Downtown...more

Stoel Rives LLP

Reproposed Oregon Legislation 2025

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The 83rd Oregon legislative session is nearing its end and there are several employment bills still under consideration. Though nothing has been signed into law yet, these bills have the potential for major impacts on...more

Gray Reed

Who Owns the Subsurface Pore Space in Texas?

Gray Reed on

In a word, the surface estate owner. If that’s all the learning you are up for today, proceed directly to the musical interludes. If you want to know why the Supreme Court of Texas had to say this again, read on....more

Greenberg Glusker LLP

Kevin Sher Describes the Way Forward for SoCal Commercial Real Estate

Greenberg Glusker LLP on

Real Estate Partner Kevin Sher took part in the L.A. Times Studios' Southern California Commercial Real Estate Trends Roundtable, where he was one of three leading industry experts to share his thoughts on the current state...more

Vinson & Elkins LLP

Texas Lassos Foreign Investment Regulation with Real Property Restrictions and Proposed “Texas Committee on Foreign Investment”

Vinson & Elkins LLP on

The Texas legislature has been active recently in proposing bills that seek to restrict foreign ownership of real estate and businesses in Texas. Texas does not currently have state-level restrictions on foreign ownership of...more

Kramer Levin Naftalis & Frankel LLP

Kramer Levin Hosts Program with NYCEDC and Top CRE Executives to Discuss NYC’s Waterfront Development Potential and Promising Real...

Despite recent macroeconomic uncertainty, with regard to investment, development and optimism for the future, New York City is in a stronger position than many seem to believe. This was the key takeaway from “Rethinking Real...more

Procopio, Cory, Hargreaves & Savitch LLP

New Requirements Have Been Imposed on Some California Property Owners Renting Out Commercial Space

Learn How SB 1103 Could Impact You - Although the parties to commercial leases in California have historically had the freedom to bargain over nearly all terms of a lease with little statutory restraint, a law that came into...more

Harris Beach Murtha PLLC

Cannabis Real Estate: Gating Issues in Retail Dispensary Site Selection

New York State legalized the use, sale, and production of recreational cannabis on March 31, 2021, by way of the Marijuana Regulation and Taxation Act (MRTA). As of May 2025, New York State has issued more than 1,600 licenses...more

Mandelbaum Barrett PC

Spotlight on Hotel Comfort Letters

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A hotel comfort letter is a document issued by a hotel franchisor to a lender when a hotel owner (the borrower) seeks financing. It provides the lender with assurances about the relationship between the franchisor, borrower,...more

McGinnis Lochridge

Who Owns the Empty Space? Texas Supreme Court Affirms Surface Ownership of Salt Caverns in Landmark Ruling

McGinnis Lochridge on

In Myers-Woodward, LLC v. Underground Services Markham, LLC, No. 22-0878, 2025 WL 4356581 (Tex. May 16, 2025), the Texas Supreme Court resolved two significant issues affecting mineral owners and surface owners: (1) who owns...more

Goodwin

Maximizing Value in Master-Planned Communities: How to Effectively Negotiate Builder Purchase and Sale Agreements

Goodwin on

The investment strategy historically adopted by investors in the US commercial real estate market has transformed notably in recent years, driven in part by evolving patterns in consumer demand and shifting economic...more

Schwabe, Williamson & Wyatt PC

‎2025 Real Estate & Construction Outlook in the Pacific ‎Northwest

What are the trends, challenges, and opportunities shaping the real estate & construction sector in 2025? From new regulations and workforce challenges to tariffs and market shifts, our recent webinar explored survey data...more

A&O Shearman

The Register of Overseas Entities – what the real estate industry needs to know - May 2025

A&O Shearman on

Any overseas entity acquiring a Qualifying Estate must register on the Register of Overseas Entities (ROE). The ROE opened for registrations on August 1, 2022. Since September 5, 2022, an overseas entity that is not...more

Kohrman Jackson & Krantz LLP

Combining Membership Interest Purchase Agreements & 1031 Exchanges to Maximize Tax Efficiency in Real Estate Deals

The intersection of real estate transactions and tax strategy has long been a focal point for investors seeking to optimize returns while minimizing liabilities. Two powerful tools in this arena – the Membership Interest...more

King & Spalding

Southern District of New York Allows Fraudulent Transfer Claims Accusing JPMorgan and Others of Scheme, Dismisses Claims for...

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On March 27, 2025, the U.S. District Court for the Southern District of New York largely denied a motion to dismiss fraudulent transfer and tortious interference claims arising out of a dispute over the financing and...more

Seward & Kissel LLP

House Tax Bill 2025

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On May 12, 2025, Republicans in the House of Representatives introduced the One, Big, Beautiful Bill of 2025 (the “House Bill”). The House Bill comes out of the House Ways and Means Committee after weeks of internal drafting...more

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