News & Analysis as of

Commercial Real Estate Zoning, Planning & Land Use

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

Industrial Landowners May Be Liable for Tenants’ Stormwater Discharges

by Perkins Coie on

In California Sportfishing Protection Alliance v. Shiloh Group, LLC, Case No. 16-CV-06499-DMR, 2017 WL 3136443 (N.D. Cal. Jul. 24, 2017), the United States District Court for the Northern District of California held that the...more

When Does a Contractor Legally Abandon a Construction Project?

by Snell & Wilmer on

Lately, we’ve been spending more time as litigators pursuing and defending claims of abandonment against contractors. It has become apparent that abandonment is often misinterpreted in its legal meaning and effect. Here are...more

No blues for the Blues on rights to light

by Hogan Lovells on

There was much fanfare when Chelsea Football Club secured planning permission for redevelopment of Stamford Bridge last year. However, one family’s fight against the new stadium’s impact on its right to light had the...more

Podcast Episode 14 - Four Cases to Watch in 2018

by Locke Lord LLP on

Locke Lord LLP’s Eminent Domain team hosts an original podcast series. In Episode 14, we discuss four cases to watch in 2018: Ganson v. City of Marathon –...more

A New Maryland Ruling on Development Rights and Responsibility Agreements- Score Another Round for the Developer

by Miles & Stockbridge P.C. on

The Maryland Court of Appeals recently heard and decided a case involving Development Rights and Responsibility Agreements. In my first blog post on this topic, “Development Rights and Responsibility Agreements: The Give and...more

Property in 2018: all change

by Dentons on

Who says that property law doesn't move with the times? 2018 kicks off with talk of a register of beneficial ownership, consultations on topics as diverse as electronic signatures and chancel repair liability, plus proposals...more

West Coast Real Estate Update - January 2018

by Holland & Knight LLP on

Apartment Owner Loses Court Battle with Airbnb - A federal judge in Los Angeles recently dismissed a lawsuit by the owner of the 4,255-unit Park La Brea apartment complex against Airbnb Inc. that sought to hold the online...more

Resource for Doing Business in the United States – Installment #9 – Real Estate

by Garvey Schubert Barer on

One of the things any active investor in the United States almost always needs is a place in which to operate its business. Buying or leasing property can be tricky, however. For example, one can face liabilities by merely...more

Het Vlaams Onteigeningsdecreet - Klaar voor de start?

by DLA Piper on

Bij de zesde staatshervorming werden de gewesten in ons land bevoegd voor het onteigeningsrecht. Het Vlaams Parlement maakte van deze bevoegdheid gebruik en keurde op 15 februari 2017 het nieuwe Onteigeningsdecreet goed. De...more

The Flemish Expropriation Decree: Ready for take-off?

by DLA Piper on

Since the sixth state reform, the regions have been entrusted with expropriation law in our country. Flemish Parliament used this power to adopt the new Expropriation Decree on 15 February 2017. The proposed entry into force...more

High-stakes: Securing successful entry into the Integrated Resort market in Japan

by White & Case LLP on

Integrated resort ("IR") sites are mixed-use properties which house gaming areas (casinos), hotels, restaurants, shopping facilities and other attractions within the same self-contained facility. The legislative developments...more

Supreme Court Considers Zoning Merger Case- How does this apply in Southampton Town?

by Farrell Fritz, P.C. on

The stakes could not be higher; would the property yield one or two waterfront building lots? On June 23, 2017, the Supreme Court of the United States decided a case that involved the merger of two parcels of property...more

How "Highest and Best Use" Can Substantially Impact Just Compensation for Landowners

by Nexsen Pruet, PLLC on

The taking of private property for public use is referred to as condemnation or eminent domain. While federal, state, and municipal governments may unilaterally take private property for public use, landowners are...more

Los Angeles Adopts Affordable Housing ‘Linkage Fee’

Why it matters: The newly adopted Affordable Housing Linkage Fee will be assessed against all commercial and residential developers in order to help pay for affordable housing in the city....more

El arte en lugares públicos: ¿carga regulatoria u oportunidad?

by Bilzin Sumberg on

El concepto de arte en lugares públicos está bien establecido en los Estados Unidos. Ya en la década de 1930, el gobierno federal creó los programas New Deal a través de los cuales se les pagaba a artistas para crear obras...more

Podcast Episode 13 - Penn Central and the Loft by Central Park

by Locke Lord LLP on

Locke Lord LLP’s Eminent Domain team hosts an original podcast series. In Episode 13, Professor Jamila Jefferson-Jones joins us to discuss the sharing economy, regulations on short-term rentals, and how such regulations...more

From Red to Black: Using Tax Credit Programs to Complete the Project

Similar to other industries in today’s economy, our contractor and developer clients deal in a highly competitive marketplace. As contractors and developers seek opportunities to expand business, they should consider some...more

Out is Now In – Understanding the Outparcel Trend and Potential Pitfalls

During the last several years, we have noticed a trend in the world of retail development. More and more “big-box” retail companies are carving out parts of their parking lots to create new outparcels. To understand the...more

Trendy Building Material May Cause Future Problems

We all remember the litigation nightmare surrounding synthetic stucco or EIFS (exterior insulation finish systems) in the recent past. Now, commentators worry that Adhered Concrete Masonry Veneer, also known as manufactured...more

Art in Public Places: Regulatory Burden or Opportunity?

by Bilzin Sumberg on

The concept of art in public places is well-established in the United States. As early as the 1930s, the federal government created New Deal programs that paid artists to create works of art for display in municipal buildings...more

Mass. Appeals Court Clarifies Requirements For Extending Common-Scheme Real Estate Restrictions Beyond 30 Years

by Pierce Atwood LLP on

In its decision in Berger v. 2 Wyndcliff, LLC, the Massachusetts Appeals Court answered an important question about extending common-scheme real estate restrictions beyond the presumptive statutory limit of 30 years. ...more

The Government's New Directive to the OIO

by DLA Piper on

New directive letter - The Associate Finance Minister and the Minister for Land have issued a new directive letter under the Overseas Investment Act 2005 (OIA), directing the Overseas Investment Office (OIO) as to the...more

Podcast Episode 12 - When the Government Pays for the Moving Van with Ms. Lisa Harrison

by Locke Lord LLP on

Locke Lord LLP’s Eminent Domain team hosts an original podcast series. In Episode 12, Ms. Lisa Harrison SR/WA, URAC, RAC, NAC, President of Pinnacle Consulting Management Group, joins us to discuss relocation expenses. ...more

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

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

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