Real Estate Developer Rights When Cities Demand Too Much
How To Be A Project Advocate By Diffusing Adjacent Neighbor Tensions
Key takeaways The Building Safety Levy will come into effect in Autumn 2026. The Building Safety Act 2022 gave the government the power to impose a building safety levy on new residential buildings requiring certain building...more
In part two of the Housing New Laws series, Best Best & Krieger LLP (BBK) attorneys provide key analyses of new housing legislation in 2025 addressing governing urban lot splits and two unit projects, accessory dwelling units...more
North Carolina Senate Bill 166 (Session Law 2024-49), the majority of which became effective on September 11, 2024, amended various N.C. state building codes, regulations for contractors and design professionals, and...more
Following the announcement of a loosening of the rules on developing in the Green Belt, the UK Government published on 27 February guidance on the meaning of "Grey Belt" land and how this should be applied in...more
Following the devastating fires in Los Angeles and Ventura Counties, California Governor Gavin Newsom issued Executive Order N-4-25 to expedite recovery and rebuilding efforts. Released on January 12, 2025, the Order suspends...more
In response to the devastating wildfires in Los Angeles and Ventura Counties, Governor Gavin Newsom issued Executive Order N-4-25 on January 12, 2025 to expedite the recovery process in affected communities. The following...more
In an effort to streamline development approvals, the City of Miami has introduced a new Administrative Site Plan Review (ASPR) procedure to address projects that meet zoning requirements without requiring special permits....more
In recent years, courts in Ontario have struggled with the answer to this question, and we direct you to our earlier blog, Requisitioning the Closure of Open Building Permits, on the subject that considered the 2022 case Chan...more
In a surprise decision likely to add further fuel to the fires calling for permitting reform and uncertainty to the environmental review process for federal funding and approval, the U.S. Court of Appeals for the District of...more
On November 20, 2024, Governor Healey signed An Act Relative to Strengthening Massachusetts’ Economic Leadership, the “Mass Leads Act,” into law. The legislation includes a two-year Permit Extension Act along with several...more
On October 25, 2024, Arlington County Court was filled to capacity as Judge Schell delivered his final judgment in the case of Marcia Nordgren v. Arlington County Board. This ruling provided much-needed clarity following the...more
As in previous years, California saw a significant volume of new housing legislation emerge from Sacramento in 2024. (See Holland & Knight's previous annual recaps of California Housing Laws in the final section below.) This...more
The United States Supreme Court’s most recent Takings case, Sheetz v. El Dorado County, California enunciated a seemingly simple holding, that legislatively-imposed development fees are not, as such, exempt from analysis...more
Investors and developers scour the Southern California real estate market searching for opportunities to buy dated houses that they can demolish and replace with large, modern homes to sell for much more. A few individuals...more
The Assembly Select Committee on Permitting Reform held its first hearing on June 18, 2024, commencing its efforts to address California’s housing and climate crises by reforming the state’s land use permitting regime....more
Osceola County, City of St. Cloud, and City of Mt. Dora are all set to vote on proposed increases to impact fees that, if approved, will substantially increase the cost of development in these jurisdictions. Below is...more
On April 12, 2024, the United States Supreme Court issued an opinion that may significantly affect how development impact fees are assessed in California. In Sheetz v. County of El Dorado, the Court unanimously held that...more
In a typical permitting process, the local government may place certain conditions on issuing a building permit to further a legitimate public purpose. While the local government has “substantial authority to regulate land...more
In April, the Supreme Court held in Sheetz v. County of El Dorado, California that the Takings Clause of the United States Constitution applies to legislative land-use conditions, such as impact fees. This will result in...more
In a highly-anticipated case revolving around development impact fees, the U.S. Supreme Court unanimously held in Sheetz v. County of El Dorado, 144 S.Ct. 893 (2024) that legislatively-imposed conditions on building permits...more
The U.S. Supreme Court (SCOTUS) has again rejected a state's narrow interpretation of the constitutional limits on government's ability to impose development conditions. A unanimous SCOTUS ruled on April 12 in favor of the...more
Porter v. Bd. of Appeal of Bos., No. 22-P-974, 2024 WL 187241 (Mass. App. Ct. Jan. 18, 2024). The case of Porter v. Bd. of Appeal of Boston is the latest case that involves an eternal question posed by developers: how...more
The US Supreme Court’s decision in Sheetz v. County of El Dorado earlier this month will affect how local governments impose impact fees in the future and who pays certain development costs....more
Undoubtedly, development impact fees (DIFs) can make or break the pro forma of any development project. Until this month, developers hoping to challenge the assessment of project-related DIFs were often limited in the causes...more
Porter v. Bd. of Appeal of Bos., No. 22-P-974, 2024 WL 187241 (Mass. App. Ct. Jan. 18, 2024). The case of Porter v. Bd. of Appeal of Boston is the latest case that involves an eternal question posed by developers: how does...more