News & Analysis as of

Property Owners

Another San Francisco Ordinance Falls To The Ellis Act

by Perkins Coie on

Once again, the City and County of San Francisco has been found to have exceeded the limits of its authority under the Ellis Act in its efforts to deter conversion of residential rental units. Small Property Owners of San...more

Cell Tower Landlord’s Checklist - Know Your Rights Amid Mobile Carrier Mega Mergers

by Best Best & Krieger LLP on

In addition to the proposed merger between Sprint and T-Mobile and its planned consolidation of cell sites, providers such as Verizon and AT&T are trading their interests in towers and other wireless deployments. ...more

Ninth Circuit Gives Cities Boost in Regulating Rent Increases - Limitations on Rent Increases Imposed by Cities Not Considered a...

by Best Best & Krieger LLP on

City governments’ broad powers to enforce rent control and other regulations — even if that results in lower profits for landlords — were reinforced in a recent opinion from the U.S. Ninth Circuit Court of Appeals. ...more

Montana Supreme Court Undercuts CERCLA, Permits Property Owners to Pursue Restoration Damages Claim

by Beveridge & Diamond PC on

In an opinion tilting against the weight of precedent elsewhere, the Montana Supreme Court held that private landowners could pursue common-law claims to clean-up their properties beyond what EPA required in its selected...more

A Dogfight Over Neighborhood Rules: Amending Homeowners Association Bylaws

by Ward and Smith, P.A. on

Picture yourself in your new home in Tranquility Acres, a planned community built five years ago by one of the region's best residential developers. Last year your neighbor Barney finally completed construction of his home...more

Congress Considers Changes to Americans with Disabilities Act to Prevent Serial Lawsuits

by Stinson Leonard Street on

Lawsuits against businesses alleging minor violations of the Americans with Disabilities Act (ADA), often filed in bulk by a small cadre of attorneys on behalf of the same plaintiffs, are on the rise both nationally and in...more

It’s That Time Again. What Time? Time To Review Your Pennsylvania Real Estate Assessments.

by Fox Rothschild LLP on

Are the real property taxes assessed against your property out of proportion to the actual value of your property? If so, what should you do? First, you need to determine if you have a basis to file an appeal to the...more

Marriage And Asset Protection – Is TBE For You?

by Fox Rothschild LLP on

My November, December, and February posts, discussed details of homestead protection in Florida including requirements, benefits and pitfalls. If you are married, another asset protection and estate planning tool available...more

Kelo Case Subject Of Movie

by Fox Rothschild LLP on

The US Supreme Court issued its Kelo eminent domain case in 2005. That case held that it is not necessarily unconstitutional to take private property for another private entity to use. Now the subject of that case is the...more

Lien on Me (When Your Priority’s Gone) #2

Imagine this scenario. You are the developer for a new mixed-used facility. Months went into clearing all of the zoning and financing hurdles, but now everything is in place. All that remains is for the lender to finish the...more

Creditors’ ability to enforce judgements via Writ of Seizure and Sale where the judgment debtor is a joint tenant - Case Update:...

by Dentons on

Creditors who have commenced legal proceedings and obtained judgements or orders against their debtors can now enforce such judgments or orders by obtaining a Writ of Seizure and Sale (WSS) against the judgment debtor’s...more

Challenge to D.C. Gas Station Law Motors On

by Holland & Knight LLP on

A moratorium against the conversion or closure of gas stations in the District of Columbia has come under constitutional attack. The property owners have won the first round....more

Portland Poised to Adopt Strict Limits on House Size

Portland planning staff is proposing strict new limits on the size of houses that can be built or remodeled in most areas of the City. Included in the latest draft of its “Residential Infill Project” code amendments, the...more

How Artists’ Moral Rights May Affect Your Real Estate

Having been a violinist, one area of law which has always intrigued me is performers’ rights. Known as “moral rights,” performer’s rights, among other things include the right to control how the performer’s rendition of a...more

What Could Go Wrong? The Importance of Business Succession Planning

by Ward and Smith, P.A. on

Most business owners expect that their company will continue to operate after they stop working. However, successfully transitioning control of a business rarely occurs without thoughtful planning. Consideration must be...more

Lien on Me (When Your Priority’s Gone) - Construction and Procurement News, Q1 2018

Imagine this scenario. You are the developer for a new mixed-used facility as part of a city’s revitalization effort. Months went into clearing all of the zoning and financing hurdles. But now, everything is in place. All...more

Five Questions to Ask Before Hiring an Appraiser for a Condemnation Case

by Faegre Baker Daniels on

A highly skilled appraiser can be a champion for a landowner whose property is being taken by a government entity. A credible, well-supported appraisal report can help you reach a favorable settlement with the government on...more

Property Owner Entitled to Rely on Zoning Administrator Advice

by Snell & Wilmer on

In the recent case of In Re Langlois/Novicki Variance Denial, 175 A.3d 1222, 2017 VT 76 (2017), the Vermont court addressed the question of whether a property owner could enforce – by equitable estoppel principles – a...more

Client Alert: CFPB’s Successor in Interest Rules Take Effect April 19, 2018: What You Need to Know

On April 19, 2018, the CFPB’s Successor in Interest Rules take effect. Here’s what you need to know: What do the Successor in Interest Rules require? The Rules are really modifications to the Mortgage Servicing Rules...more

Judge Rules that Seattle Cannot Require Landlords to Rent to First Qualified Applicants

by Weiner Brodsky Kider PC on

A trial judge in King County Washington Superior Court recently ruled that the City of Seattle may not enforce a “first in time” law, which required landlords to rent their property to the first qualified applicant, even if...more

2017-18 Arizona Case Law Affecting Commercial Real Estate and Lending

The following information accompanies a presentation Mike gave to members of the Arizona Commercial Mortgage Lenders Association (ACMLA) on March 13, 2018. Arizona Case Law – Trustee’s Sale Statute of Limitations;...more

Revision to Delegation of Authority/Clean Water Act Section 404 Permitting: March 30th U.S. Environmental Protection Agency...

United States Environmental Protection Agency (“EPA”) Administrator E. Scott Pruitt issued a March 30th memorandum titled: Revision to Delegation of Authority 2-43, Section 404 Dredged and Fill Material Permitting...more

Not So Secondary: Overcoming Obviousness With Objective Indicia

by Jones Day on

On April 2, 2018, the PTAB issued a final written decision in Fox Factory finding that the petitioner failed to carry its burden in showing the instituted claims were unpatentable as obvious. Fox Factory, Inc. v. SRAM, LLC,...more

Oregon’s Short-Term Rental Tax Expands its Reach

by Garvey Schubert Barer on

Oregon’s legislature has broadened Oregon’s tax on short-term room rentals (also called the transient lodging tax). The new law, Enrolled House Bill (EHB) 4120, expands the scope of persons who must collect and remit the tax...more

Failla And Taylor Are Alive And Well: Eleventh Circuit Again Confirms That Debtors Cannot Retain Secured Property Absent...

by Burr & Forman on

For the third time in less than two years, the Eleventh Circuit Court of Appeals has ruled that a chapter 7 debtor who does not reaffirm secured debt or redeem the property must surrender the property. In re Woide, No....more

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