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Commercial Real Estate Updates

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

Certain Financing Considerations When Investing in Ground Leased or Net Leased Real Estate

This note briefly looks at an issue that continually arises in connection with the financing of ground leases (as well as long-term triple net leases generally), of which any real estate fund looking to invest in such...more

Commercial and Industrial Property Owners Take Note: a “Split-Roll” Property Tax Initiative Effort is Underway in California

Proposition 13 — California’s long-tenured law keeping a lid on annual property tax increases — is in the cross-hairs of a new ballot initiative effort....more

Zoning plans within the scope of the Service Directive

by DLA Piper on

The Service Directive needs to be taken into account when drafting zoning regulations, according to the Court of Justice of the European Union. On the 30th of January 2018 the Court of Justice of the European Union issued...more

Want to live like commonhold people? The Law Commission consults

by Dentons on

As residential leasehold ownership comes under increasing scrutiny, the Law Commission has just kick-started an attempt to reinvigorate commonhold as a viable alternative. Developers, homeowners and funders should all take...more

Presbytery’s Decision After Schism Between Congregation Members Enforced

Key Takeaway: While Massachusetts courts have jurisdiction over internal church disputes involving church property, they must defer to the decision-making process of a hierarchical religious organization when a dispute is...more

Flexible Permissions: Change can do you good

by Hogan Lovells on

Do you have an asset that’s proving difficult to let?  Would you just like to maximise marketability?  A “flexible” or “dual-use” planning permission might be able to help....more

Podcast Episode 16 - Tales from the Border Wall with T. Christian Miller

by Locke Lord LLP on

Locke Lord LLP’s Eminent Domain team hosts an original podcast series. In Episode 16, T. Christian Miller of ProPublica joins us to talk about ProPublica's series of articles on the Border Wall. The excellent series can be...more

Key Investment Themes in UAE Real Estate & Real Estate Finance Markets

by White & Case LLP on

The end of 2017 proved to be very busy in UAE real estate and real estate finance markets. Here we put the spotlight on 3 key investment themes that characterised those markets in 2017. We also look forward to some of the...more

Preserving Texas History and the New Texas Premium Tax Credit

Texas insurers may now be able to buy premium tax credits at a discount. In 2013, the 83rd Legislature established the Texas Historic Preservation Tax Credit Program, which allowed for companies engaged in restoration of...more

Street Artists Awarded $6.75 Million in Damages Against Developer Who Whitewashed Artworks Covering His Buildings

by Wilson Elser on

In one of the most important decision to date applying the Visual Artists Rights Act of 1990 (VARA) since its adoption, on February 12, 2018, New York’s Eastern District awarded $6.75 million in statutory damages to 21...more

When is a Post-Judgment Order Final and Appealable?

by Strasburger & Price, LLP on

The Texas Supreme Court addressed when – following appeal and remand – an order or judgment of the trial court is “final” for purposes of appellate court jurisdiction in McFadin, III v. Broadway Coffeehouse, No. 16-0560, 2018...more

Lessons from 5Pointz: Avoiding Potential Tension Between Artists and Property Owners

by Holland & Knight LLP on

• From Miami's Wynwood to San Francisco's Mission District to Chicago's West Loop, graffiti/street art has become a popular way for communities to revitalize neighborhoods and property owners to reap the benefits of the...more

Big Changes to 1031 Exchanges, But Not for Real Estate (Yet)

by Tonkon Torp LLP on

Section 1031 of the tax code allows sellers of investment property to defer capital gains if the proceeds are reinvested in "like kind" property within certain timeframes. Prior to 2018, 1031 exchanges could be used for many...more

When Calculating Lien Periods, it’s Convenient to be Prevenient

by Field Law on

Are you out of time to register your lien? It depends! Under section 41 of the Builders’ Lien Act (the “BLA”) a lien must be registered within 45 days (or 90 days for an oil or gas well or well site) after the last day...more

What Types of “Damages Claims” Survive a Trustee’s Sale?

by Snell & Wilmer on

Arizona’s trustee’s sale statutory scheme provides for the waiver of all defenses and objections to a trustee’s sale that: (i) are not raised prior to the sale, and (ii) do not result in an injunction against the sale going...more

Newsletter: Winter 2018 Property Tax and Valuation Topics

by Pullman & Comley, LLC on

Hartford Bankruptcy Threat Postponed - The immediate possibility of Connecticut’s capital city filing a bankruptcy petition has been mitigated as a result of the newly adopted Connecticut budget. ...more

Action Required: Deadline Approaches for Installation of Water-Conserving Plumbing Fixtures in Commercial and Multifamily...

by Allen Matkins on

Owners and operators of commercial and multifamily properties in California built and available for use or occupancy on or prior to January 1, 1994, should be aware that the deadline for compliance with California Civil Code...more

Impact of the Tax Cuts and Jobs Act on the Real Estate Industry

by Shearman & Sterling LLP on

On December 22, 2017, H.R.1, commonly referred to as the Tax Cuts and Jobs Act (“Tax Act”) was signed into law. The Tax Act made the most significant changes to the U.S. tax code since 1986, and will have an effect on...more

Learn More About the Uniform Standards of Professional Appraisal Practice (USPAP)

by Nossaman LLP on

On Tuesday, March 20, beginning at 11:30 a.m. PT, Chapter One of the International Right of Way Association (IRWA) will be holding a joint luncheon with the Southern California Chapter of the Appraisal Institute at Luminarias...more

Distraint – How a Georgia Landlord Can Obtain a Million Dollar Judgment and Perfect its Landlord’s Lien Against its Tenant’s...

by Arnall Golden Gregory LLP on

During 2017, there was only one statutory distraint (distress warrant) proceeding (O.C.G.A. §§ 44-7-70 et seq.) filed by any landlord in Georgia’s most populous county – Fulton. The dearth of cases in which Georgia landlords...more

Ballot Initiative Seeks to Eliminate Prop 13 for Commercial and Industrial Real Estate

Initiative 17-0055 would limit Proposition 13 protection to residential property. New initiative seeks to eliminate Proposition 13 protection for commercial and industrial property by requiring fair market value...more

Qualified Opportunity Zones: New Chance to Reward Private Investments

by Murtha Cullina on

With the passage of H.R. 1, the federal “Tax Cuts and Jobs Act,” Congress last December approved a new program of tax incentives to spur private investment in designated low-income community census tracts which will be known...more

Reshaping Canada’s Project Assessment Regime—Bill 69’s Ambitious Blueprint

by Bennett Jones LLP on

This article is Part II of a series that discusses the federal government’s proposed changes to Canada’s environmental regulatory regime governing project development and operation in Canada....more

Colorado Court Holds No Coverage for Breach of Contract Claim

In its recent decision in Ctr. For Excellence in Higher Ed., Inc. v. Travelers Prop. Cas. Co. of Am., 2018 U.S. Dist. LEXIS 25424 (D. Col. Feb. 16, 2018), the United States District Court for the District of Colorado had...more

Maryland leading the charge with energy storage tax credits

by Womble Bond Dickinson on

On January 1, 2018, the Maryland Energy Administration (MEA) kicked off a program designed to encourage installation of energy storage systems in the state of Maryland. This program comes on the heels of supporting...more

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