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Commercial Real Estate Zoning, Planning & Land Use

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

State Fair of Texas May Enforce Handgun Ban on City Property

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On September 19, 2024, a Dallas County District Court denied Texas Attorney General Ken Paxton’s request for an injunction seeking to prohibit the State Fair of Texas from banning handguns on fairgrounds. After the Attorney...more

Hogan Lovells

UK: distressed assets: investors on standby

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The global financial crisis in 2008 saw distressed real estate assets flooding the market as values plunged and borrowers defaulted on loans secured against their properties. In 2024, some have predicted a real estate crash,...more

Morrison & Foerster LLP

FinCEN Expands its Reach with Final Rules for Investment Advisers and the Residential Real Estate Sector

Key Takeaways - •FinCEN has issued two new final rules to significantly expand regulation around certain investment adviser and residential real estate sectors to combat illicit finance in these areas. These highly...more

Levenfeld Pearlstein, LLC

Speculative Suites Are On the Rise: 5 Lease Provisions Landlords Should Consider

In today’s office leasing market and with recent construction challenges, landlords are seeing a competitive market advantage in developing and offering speculative suites to attract tenants. In recent years, many companies...more

Rosenberg Martin Greenberg LLP

The Renters’ Rights and Stabilization Act of 2024: Key Changes and Implications for Maryland Landlords and Developers

On April 25, 2024, Governor Wes Moore signed into law House Bill 693, known as the Renters’ Rights Stabilization Act of 2024, to protect Maryland renters who are experiencing housing instability. While the Act aims to...more

Gray Reed

Why Construction Companies Should Engage Early in the Texas Legislative Session

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As the Texas legislative session approaches, kicking off on January 14, construction companies across the Lone Star State need to start gearing up for their advocacy efforts. Early engagement is not just beneficial—it’s...more

Freeman Law

Texas Comptroller Issues Private Letter Ruling Finding Exempt Contract

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In Private Letter Ruling No. 20240130142914, STAR Accession No. 202407026L (July 26, 2024), the Texas Comptroller illustrated the type of analysis used to determine whether a contract for the improvement of realty is an...more

Sullivan & Worcester

Sullivan Files Amicus Brief on Behalf of NAIOP Massachusetts

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Sullivan was pleased to file an amicus brief on behalf of NAIOP Massachusetts – The Commercial Real Estate Development Association (NAIOP) in the case of Attorney General v. Town of Milton. The case involves the Town’s...more

Morrison & Foerster LLP

PACE Financing is now available for New Construction

New York City recently released updated Commercial Property Assessed Clean Energy (C-PACE) guidelines which are expected to open up opportunities for owners to obtain C-PACE financing for new construction and energy retrofit...more

Brownstein Hyatt Farber Schreck

Another Year, Another Full Slate of Housing Bills in California

On Thursday, Sept. 19, Gov. Newsom signed a package of housing bills designed to address the housing crisis affecting California. Below is a brief summary of key bills....more

Lewis Roca

The Importance of Retaining a Grandfathered Gaming Location in Nevada

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We have all heard the phrase location, location, location. In the context of gaming in Nevada, grandfathered locations refer to casinos or gaming establishments that have been allowed to continue operations under previous...more

Foley Hoag LLP - Energy & Climate Counsel

Statewide Large Building Energy Reporting Now on the Horizon in Massachusetts

As we posted previously, a lesser-known provision of the Massachusetts legislature’s 2022 An Act Driving Clean Energy and Offshore Wind created M.G.L. ch.25A §20, which requires the reporting of energy usage data for...more

Jones Day

New York District Court: Cap on Landlord Claims in Bankruptcy Applies to Claims Against Lease Guarantors, and Cap Should Be...

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To prevent landlords under long-term real property leases from reaping a windfall for future rent claims at the expense of other creditors, the Bankruptcy Code caps the amount of a landlord's claim against a debtor-tenant for...more

Butler Weihmuller Katz Craig LLP

The Main Event: Florida Supreme Court to Resolve District Court Split Over Retroactive Application of State’s NOI Statute

Tag-teaming with Florida’s Sixth District Court of Appeal, the Second District is also at odds with the Third and Fourth Districts on the issue of retroactive application of Florida’s litigation-intent statute.  In Buis v....more

Pillsbury - Gravel2Gavel Construction & Real...

Anatomy of a Data Center

Traditional and social media are thick with reports and predictions of the remarkable increase in size, power consumption and significance of data centers. Not only technology companies but real estate and energy developers,...more

Holland & Knight LLP

The Davis-Bacon Act as Applied to GSA Leasing

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The intersection of the Davis-Bacon Act (DBA) and General Services Administration (GSA) leasing has undergone significant changes over the past year, raising important issues for lessors, legal practitioners and government...more

Akin Gump Strauss Hauer & Feld LLP

Demystifying the Out-of-Court Foreclosure Process

Mezzanine lenders looking to foreclose on their collateral have the advantage of being able to pursue remedies outside of court. But the process, which is described in the Uniform Commercial Code (UCC), is often ill...more

Kaufman & Canoles

Court of Appeals of Virginia Holds “Right of Way” Not Expressly Released in a Deed Releasing “Easements” is Still in Effect

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On Tuesday, the Court of Appeals of Virginia issued a significant decision concerning easements in Barr, et al. v. Garten Development, LLC. The Court held that where a deed that released “easements” conveyed by a previous...more

Mandelbaum Barrett PC

Real Estate Spotlight On: Financing Ground Leases

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What is a ground lease? A ground lease is a long-term agreement where a ground tenant leases land from a landowner and has the right to develop and use that land during the lease period. Typically, the ground tenant owns any...more

Dickinson Wright

Commercial Lease Modifications: Why Oral Agreements Don’t Hold Up in Court

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Most people likely understand the risks of trying to rely on an oral agreement to vary the terms of a commercial lease. Nonetheless, parties often get into disputes over whether there was an oral agreement that varied the...more

Rivkin Radler LLP

Landlord Considerations When Navigating Personal Guarantees in Bankruptcy

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When a business leases commercial space, it is common practice for the landlord to request that the company provide a personal guaranty, a protective measure taken to ensure landlords have recourse against a commercial lessee...more

Proskauer - Tax Talks

The IRS and Senator Warren Raise Concerns about Lodging and Health Care REITs

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On September 3, 2024, Senator Elizabeth Warren (D-MA) sent a letter to the Internal Revenue Service (the “IRS”) urging it to “increase enforcement scrutiny of REITs, especially large health and hospitality REITs that may be...more

Allen Matkins

Sustainable Development and Land Use Update 9.19.24

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This fall, California voters will decide whether the state should continue prohibiting cities and counties from enacting or expanding rent control. If they vote “yes” in November, San Francisco could be ready to extend the...more

Allen Matkins

AB 98 Will Have Dramatic Effects On Development Of Future Logistics Facilities

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On August 31, the California legislature adopted AB 98. Governor Newsom has until September 30, 2024, to sign or veto AB 98. If the bill becomes law, it will have impacts on all warehouse developments, regardless of whether...more

Allen Matkins

Governor Newsom Approves Key Housing Bill: AB 2243

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On September 19, 2024, Governor Gavin Newsom approved Assembly Bill (AB) 2243 (Wicks), which amends AB 2011 (Affordable Housing and High Road Jobs Act of 2022), effective January 1, 2025. As explained in our prior legal...more

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