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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:

Maryland Lawmakers Consider Changes to Development Rights and Responsibility Agreements

by Miles & Stockbridge P.C. on

The Maryland General Assembly is currently considering House Bill 1390 (“HB1390”). As introduced, HB 1390 will materially impact the utility of the Development Rights and Responsibility Agreement (“DRRA”) for land owners,...more

California’s Proposed Opportunity Zones Announced

The Tax Cuts and Jobs Act creates a new tax incentive to stimulate economic development in certain low-income communities known as “Opportunity Zones.”  This program will allow businesses and commercial projects located in...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

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

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

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

A Prescriptive Easement Can Expand the Scope of an Existing Granted Easement

There are several ways to acquire an access easement over the property of another. The simplest method is by an express written grant from the owner of the burdened property (on which the easement exists) to the owner of...more

Florida State of Emergency for Zika Virus Has Terminated - Deadline for Extension of Development Permits Nears

by Holland & Knight LLP on

After the issuance of various extensions, the Zika virus state of emergency declared by Florida Gov. Rick Scott has terminated after the governor did not renew the Executive Order. However, holders of certain development...more

Conservation Easements: Tax Shelters or Lifesavers

by Taylor English Duma LLP on

In the Fifth Edition of “Simple Wealth, Inevitable Wealth” by Nick Murray, the author advises against making investment decisions based primarily on taxes. That is probably good advice when considering conservation easements....more

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

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