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:

Denver City Council Approves Zoning Amendments Permitting Construction Up to 16 Stories in RiNo

On Monday, Feb. 12, the Denver City Council voted 11-1 to approve changes to the Denver Zoning Code and Municipal Code with the intent of implementing the 38th & Blake Station Area Plan Amendments—and allowing property owners...more

Grandfathering and Continuing Nonconformities in North Carolina

by Womble Bond Dickinson on

Last time, we introduced you to the concept of nonconformity laws in North Carolina. This time, we’ll spend some energy discussing the most common (and legally charged) aspect of nonconformity laws: how local laws restrict...more

A Primer on Zoning Nonconformities in North Carolina

by Womble Bond Dickinson on

Zoning laws, like any other laws, can change from time to time. What happens if your structure, lot, or use is permitted under an existing law, but the law changes in a way that your structure, lot, or use is suddenly no...more

New Funding Source for Mass Transit under the SMART Plan

by Bilzin Sumberg on

We have previously written about the need for new funding solutions for public transportation, including mechanisms that capture the added value of mass transit on adjacent properties. ...more

Autonomous Vehicles and Ride Sharing Will Reshape Our Buildings, Our Cities, and Our Lives

by Foley & Lardner LLP on

When the first automobile hit roadways in the early 1900s, developers, planners, and city officials had to completely re-think the design and planning of cityscapes, both new and old. The era of narrow streets, communities...more

City's General Plan Land Use Policy Survives CEQA Challenge Based on Potential Urban Decay

by Holland & Knight LLP on

• In Visalia Retail, LP v. City of Visalia, the California Court of Appeal has rejected a challenge brought under the California Environmental Quality Act (CEQA) to a land use policy in the City of Visalia's General Plan...more

Tax Reform Establishes Municipal Opportunity Zones for Investment

by Pullman & Comley, LLC on

Included in the recently enacted federal tax reform legislation is the Investing in Opportunity Act (the “Act”) which establishes the Opportunity Zones Program (the “Program”). The Program aims to spur private investment in...more

Fifth Appellate District Upholds City of Visalia’s General Plan Update Against Challenge to Square Footage Restrictions in...

by Downey Brand LLP on

On January 30, 2018, the Fifth Appellate District certified for publication its earlier opinion in Visalia Retail, LP v. City of Visalia, upholding the City of Visalia’s (“City”) 2014 General Plan Update. Plaintiff and...more

CEQA News You Can Use - Vol. 3, Issue 1

Welcome to CEQA News You Can Use, a quarterly publication of Brownstein Hyatt Farber Schreck, LLP’s Natural Resources lawyers. This publication is intended to provide quick, useful bites of CEQA news that we hope can be a...more

US Federal Banking Regulators Announce Favorable Community Reinvestment Act Consideration to Aid Areas Affected by Hurricane Maria

by Shearman & Sterling LLP on

The US Board of Governors of the Federal Reserve System, the US Office of the Comptroller of the Currency and the US Federal Deposit Insurance Corporation announced that the agencies will give favorable consideration under...more

Podcast Episode 15 – Development Credits, Permitting, and Ripeness with Mark Miller of Pacific Legal Foundation

by Locke Lord LLP on

Locke Lord LLP’s Eminent Domain team hosts an original podcast series. In Episode 15, Mark Miller of the Pacific Legal Foundation joins us to talk about three cases that PLF is involved in presently, including the case of...more

FEMA Flood Map Changes

by Harris Beach PLLC on

As reported by the New York Times earlier this month, the Federal Emergency Management Agency (“FEMA”) is “for the first time in three decades” redrawing flood maps in the state of New York. As noted, New York has over 500...more

The Dusky Gopher Frog is Heading to the United States Supreme Court

by Liskow & Lewis on

In July 2017, Weyerhaeuser Company, a Louisiana landowner and timber lessee, filed a Petition for a writ of certiorari asking the United States Supreme Court to overturn the U.S. Fish and Wildlife Service’s (“FWS”)...more

Real Estate. Major Russian legislation changes for 2017

by Dentons on

Major reforms in shared construction - Federal Law No. 218-FZ on the Public Law Company for the Protection of Rights of Individuals Who are Shared Construction Participants in the Event of Insolvency (Bankruptcy) of...more

Notable Eminent Domain and Inverse Condemnation Cases from 2017 (and one from 2018)

Here are the cases that caught our attention from the universe of eminent domain and inverse condemnation during 2017 (and one case from January 2018)....more

Implication of Daishowa to Purchasers

by Bennett Jones LLP on

Since the decision of the Supreme Court of Canada in Daishowa-Marubeni International Ltd. v. Canada, 2013 SCC 29 [Daishowa], clarity exists for how a vendor treats abandonment obligations on the sale of resource...more

2018 Construction Outlook: Mature Expansion, Deceleration in Some Sectors, Continued Growth in Others

U.S. construction starts are expected to increase 3 percent to $765 billion in 2018 according to Dodge Data & Analytics in its 2018 Dodge Construction Outlook. But we may be approaching the end of a construction boom, at...more

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

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