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Commercial Real Estate Updates

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

The Codextrain has reached its final destination

by DLA Piper on

After a few stops and after being put on a side track for a while, today the "Codex train" has reached its final destination during the plenary session of Flemish Parliament....more

Real Property, Financial Services, & Title Insurance Update: Weeks Ending November 17 & 24, 2017

by Carlton Fields on

REAL PROPERTY UPDATE - Receiver/Barton Doctrine: individual could not bring negligence action against discharged receiver of commercial property until individual first obtained leave to do so from the court that appointed...more

Five Key Takeaways From the 9th Annual Saul Ewing Arnstein & Lehr Real Estate Conference

While real estate investments are steady and new construction projects continue, a cross-section of industry players is looking to capitalize now on creative endeavors and fresh perspectives that will help sustain the...more

When a Park in the Sky Leads to a Lawsuit - Three Strategies for Success in High-Stakes Litigation

by Poyner Spruill LLP on

In 2002, New York City announced its support for preserving the High Line—turning an unused elevated railroad into a thriving park in the heart of Manhattan’s West Side. Fifteen years later, it is one of the City’s top...more

Court Issues New Opinion on Regulatory Takings and “Klopping” Damages

Inverse condemnation is the flip-side of eminent domain. With eminent domain, a public agency files a lawsuit to condemn (takes ownership of) a particular property interest and must pay the owner “just compensation.” With...more

Important changes to the Model Land Lease Agreement (Ukrainian)

by Dentons on

On 22 November 2017, the Cabinet of Ministers of Ukraine approved Resolution No. 890 On Introduction of Amendments into Certain Resolutions of the Cabinet of Ministers of Ukraine (hereinafter referred to as Resolution No....more

Important changes to the Model Land Lease Agreement

by Dentons on

On 22 November 2017, the Cabinet of Ministers of Ukraine approved Resolution No. 890 On Introduction of Amendments into Certain Resolutions of the Cabinet of Ministers of Ukraine (hereinafter referred to as Resolution No....more

DC Proposed Regulations Modify Deed of Trust Recording Tax Exemptions

by Seyfarth Shaw LLP on

New regulations proposed by the District of Columbia affect the recordation tax exemptions for purchase money deeds of trust not recorded simultaneously with the deed, deeds of trust recorded to refinance construction loans...more

Strategic Alternatives for Real Estate Portfolios, Part IV – Sale of the Portfolio

by King & Spalding on

This is the fourth piece in a five-month series of REIT Advisor that provides a high-level overview of the advantages and disadvantages of individual strategic alternatives for private real estate portfolios. This month’s...more

Early Takeaways for REITs from Tax Reform Season

by King & Spalding on

After months of being communicated through vague frameworks and political talking points, Republican tax reform proposals have finally been unveiled in legislative language. Earlier this month, H.R.1, the Tax Cuts and Jobs...more

Financing Infrastructure Through Tax Policy: Tug-of-War with a Frayed Rope

by Jones Day on

The Situation: Private activity bonds are issued by or on behalf of states and local governments to finance certain private (or partially private) projects that benefit the public. Usually, interest income from bonds issued...more

Subordinate Finance in Commercial Real Estate—The Current Landscape

by Polsinelli on

Commercial real estate borrowers often need financing in amounts exceeding what traditional first mortgage lenders will provide. Profound changes in various forms of subordinate finance have occurred in the wake of the...more

Alleging and Proving Standing to Challenge Rezoning

by Womble Bond Dickinson on

In the recently-decided Cherry Community Organization v. City of Charlotte, the North Carolina Court of Appeals determines that standing to bring a declaratory judgment action challenging a rezoning requires both allegations...more

House Passes Bill Addressing Industry Concerns Regarding the Capital Treatment of High Volatility Commercial Real Estate (HVCRE)...

by Morrison & Foerster LLP on

On November 7, 2017, the House of Representatives, by voice vote, passed H.R. 2148, the Clarifying Commercial Real Estate Loans Act (the “Bill”). The Bill was reported favorably out of the House Financial Services Committee...more

The Effort to Adopt a Uniform Receivership Law

by Allen Matkins on

There is a recent effort to adopt a uniform receivership act which is applicable to commercial real estate. If adopted in its current form in the 50 states, the receivership laws would provide a consistent treatment of laws...more

Budget Announcement to Affect Offshore Investment in UK Real Estate

by Reed Smith on

In Philip Hammond’s budget announcement on 22nd November 2017, he announced a measure which has a significant adverse impact on the UK real estate sector. In particular, it limits the future tax benefits of using an offshore...more

The Defense of Commercial Lenders in Multi-Tenant Bankruptcy

by Stinson Leonard Street on

The Sixth Circuit Court of Appeals in its recent decision in Town Center Flats, LLC v. ECP Commercial II LLC (In re Town Center Flats LLC), Case No. 16-1812 (6th Cir. May 2, 2017), reinforces an option that commercial lenders...more

Technology in the Property Industry

by Hogan Lovells on

Hogan Lovells hosted the Reading Real Estate Foundation Breakfast Forum (RREF*) on 17 November 2017. This year’s topic was: Technology in the Property Industry and provided digital food for thought from three key areas....more

Budget shock for property industry: non-UK resident landlords to be taxed on UK property gains

by Hogan Lovells on

Quietly, almost without any fanfare, a tax policy of more than 50 years designed to encourage overseas investment into UK real estate was reversed in the small print of the Budget. The announcement has provoked a storm across...more

UK Autumn Budget 2017 – the key measures impacting business

by White & Case LLP on

The Chancellor, Philip Hammond, has announced the Autumn Budget 2017. Alongside the headline-grabbing abolition of SDLT for first-time buyers on homes up to £300,000, and on the first £300,000 of properties up to £500,000,...more

UK To Tax Non Residents On Real Estate Gains

by Goodwin on

In a surprise announcement, the UK government announced its intention to start taxing non-UK residents on capital gains from UK real estate assets, including interests in “property rich” companies and other entities. The new...more

U.K. Is to Tax Gains Made by Non-Residents on Commercial and Residential Real Estate and Introduce Corporation Tax for Certain...

by King & Spalding on

The U.K. has announced that, from April 2019, tax will be charged on gains made by non-residents on disposals of all types of UK real estate, extending existing rules that apply only to residential property. The proposals,...more

Restoring Lives and Revitalizing Communities: Josh Fout (Pulaski County) Brownfield Presentation

Harbor Environmental and Pulaski County jointly sponsored a November 15th seminar held in North Little Rock, Arkansas addressing a variety of Arkansas Brownfield issues. Mr. Josh Fout, who serves as Pulaski County...more

West Coast Real Estate Update - November 2017 #2

by Holland & Knight LLP on

Absence of Private Activity Bonds from House Tax Proposal Could Hurt Affordable Housing - While a lot of people are discussing the ways in which the tax proposals coming out of Congress will impact personal and corporate...more

Cannes Brick and Mortar Retail in the United States Make a Comeback?

by Goulston & Storrs PC on

2017 MAPIC Conference in Cannes, France - Last week, a contingent from Goulston & Storrs attended the annual MAPIC conference in Cannes (pronounced “Can”), France for the seventh consecutive year. We expected to field...more

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