News & Analysis as of

Public Improvement Projects

Bennett Jones LLP

Supreme Court of Canada Rules Impact Assessment Act Unconstitutional

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The Supreme Court of Canada (SCC) has issued an opinion that the Impact Assessment Act (IAA) and its Physical Activities Regulations are largely unconstitutional....more

Pierce Atwood LLP

Rhode Island Supreme Court Discharges Surety’s Performance Bond Obligations on RI Bridge Project

Pierce Atwood LLP on

The Rhode Island Department of Transportation (RIDOT) filed a third-party lawsuit against a contractor’s performance bond surety (“Surety”) alleging the Surety must indemnify RIDOT for the contractor’s indemnity obligations...more

Womble Bond Dickinson

White House Releases Update on Implementation of Infrastructure Act

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The White House has provided updates on the implementation of the Infrastructure Investment and Jobs Act (Infrastructure Act). Notably, the White House released fact sheets for providing detailed information about announced...more

Bricker Graydon LLP

ARPA final rule - The "B-sides collection": Parks and recreation facility improvements

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Continuing our series of articles reviewing the lesser publicized aspects of the American Rescue Plan Act guidance (hence, the “B-sides” moniker), here we address the U.S. Treasury’s issued guidance as it relates to spending...more

Troutman Pepper

An Overview of P3s, CIDs and Smart Cities With Malaika Rivers - TAG Infrastructure Talks Podcast

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In this episode of the TAG Infrastructure Talks podcast, Troutman Pepper Partner Alan Poole sits down with Malaika Rivers, partner at Lexicon Strategies, to discuss the formation of public-private partnerships, and how these...more

Winstead PC

Public Improvement Districts Texas Legislative Update

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Effective September 1, 2021, the Texas legislature enacted new, increased notice requirements for purchasers of land lying within a public improvement district (PID). These notices are now required to be given to purchasers...more

Perkins Coie

Judicial Streamlining Renewed for Expanded Set of “Environmental Leadership” Projects

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California Governor Gavin Newsom recently signed legislation, Senate Bill No. 7, that reenacts a streamlined litigation process for certain “environmental leadership development projects” and extends eligibility to additional...more

McDermott Will & Emery

Weekly IRS Roundup November 30 – December 4, 2020

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Presented below is our summary of significant Internal Revenue Service (IRS) guidance and relevant tax matters for the week of November 30, 2020 – December 4, 2020... November 30, 2020: After releasing a pre-publication...more

Bricker Graydon LLP

R.C. § 717.02 - Qualifications-based procurement of energy conservation measures by municipalities

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Municipalities in Ohio have broad authority to make a wide variety of public improvements. Many municipalities use that authority to provide critical infrastructure to their communities. Municipalities commonly desire to...more

Bennett Jones LLP

Why Major Infrastructure Projects Succeed

Bennett Jones LLP on

Q&A with Jane Bird on partnership, governance and the private sector - Jane Bird delivered the afternoon keynote at the Toronto Region Board of Trade's 5th Annual Transportation Summit. She spoke about the characteristics...more

Nossaman LLP

California Supreme Court Provides Rare Update on Inverse Condemnation Doctrine

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On August 15, 2019, the California Supreme Court (“Supreme Court”) issued its first inverse condemnation opinion in more than 22 years in the case City of Oroville v. Superior Court of Butte County, Case No. S243247...more

Cozen O'Connor

PA Appellate Court Strikes Down Project Labor Agreement for First Time—Saves Taxpayers Millions

Cozen O'Connor on

PennDOT recently awarded the second phase of a local state highway improvement project to Allan Myers, L.P., one of the top nonunion construction and materials companies building infrastructure projects throughout the...more

Nossaman LLP

California Supreme Court Hears First Inverse Condemnation Case in Years

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On June 5, 2019, the California Supreme Court (“Court”) heard oral argument in the case City of Oroville v. Superior Court of Butte County, Case No. S243247 (“Oroville Case”). This case is notable because it is the first time...more

Nossaman LLP

Utilities Have the Right to Remove Trees Within an Easement

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Many public agencies and utilities have easements for water or gas pipelines or electric transmission lines. Those easements typically contain express rights to construct, operate, and maintain the facilities, including...more

Best Best & Krieger LLP

Uniform Application of Parcel Tax Does Not Require Uniform Effect on Taxpayers - California Appellate Court Upholds Los Angeles...

A special parcel tax is still “applied uniformly to all taxpayers” even though it may affect individual taxpayers differently, a California appellate court recently held....more

Buckingham, Doolittle & Burroughs, LLC

Breaking News In Construction Industry: Residency Quotas for City Contractors

RESIDENCY QUOTAS FOR CITY CONTRACTORS - OHIO SUPREME COURT TO HEAR ARGUMENTS IN MARCH. THE CASE: On March 6, 2019, the Supreme Court of Ohio is set to hear oral arguments on City of Cleveland v. State of Ohio, Supreme...more

Bricker Graydon LLP

2018 lame duck summary and 2019 budget and legislative preview

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With a new year comes a new General Assembly. Bills that the 132nd General Assembly did not pass will have to be reintroduced if legislators want to pursue those issues in the 133rd General Assembly. ...more

Bradley Arant Boult Cummings LLP

MHL Partnerships Appeals Victory Allows Developers and Builders to Seek Excess Funding Reimbursements - Texas Builders

In 1997, League City, Texas, created the League City Public Improvement District to fund improvements for the proposed master planned community of Magnolia Creek. Planned improvements included street lights, drainage...more

Hogan Lovells

Projects and energy weekly snippets

Hogan Lovells on

World Bank approves US$40m for Madagascar’s electricity sector - The World Bank has approved an International Development Association (IDA) credit of US$40 million to improve Madagascar’s electricity sector governance and...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Environmental Awards: Arkansas Department of Environmental Quality Announces Winners of ENVY, TECHe, E2, and ADEQuest Science...

The Arkansas Department of Environmental Quality (“ADEQ”) issued an April 24th news release announcing the winners of the Arkansas Environmental Stewardship (“ENVY”) Award, the Arkansas Environmental Technology (“TECHe”)...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Environmental Awards: Arkansas Department of Environmental Quality Announces Finalists for ENVY, TECHe, E2 , and ADEQuest Science...

The Arkansas Department of Environmental Quality (“ADEQ”) issued an April 17th news release announcing the finalists for the Arkansas Environmental Stewardship (“ENVY”) Award, Arkansas Environmental Technology (“TECHe”)...more

Bradley Arant Boult Cummings LLP

Florida Statutory Limitation on Indemnity Does Not Apply to Excavation Subcontract on Utility Line Project

Fla. Stat. § 725.06 limits the scope of indemnification provisions in construction contracts. Specifically, the statute limits the ability of an indemnitee (e.g., owner) to require an indemnitor (e.g., contractor) to...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Awards: Arkansas Department of Environmental Quality Is Accepting Nominations For The "Environmental Stewardship" and "Arkansas...

The Arkansas Department of Environmental Quality (“ADEQ”) announced it is accepting nominations for two environmental awards. The awards are: Environmental Stewardship (“ENVY”) Award...more

Womble Bond Dickinson

Developer-Buyer Beware: Calling Assumed Improvement Bonds In North Carolina Can Be Complex

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In 2007, Developer Clarion-Reames, LLC (“Clarion”) sought to construct a residential housing development in Charlotte, North Carolina. Clarion received final approval from the City to record plats for Phase I section of the...more

Spilman Thomas & Battle, PLLC

West Virginia, Tightening the Belt, and Growth - Financing Public Improvements in Lean Budget Times

Since 2008, many state and local governments around the country have faced budget challenges. As lawmakers struggle to produce balanced budgets in the face of declining revenues, investment in public improvements, such as...more

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

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Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

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How is your information shared?

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  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
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How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
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There are different types of cookies and other technologies used our Website, notably:

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JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
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Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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