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Lowndes

Office of the Attorney General Releases Informal Opinion Shedding Light on the Meaning of “Mixed Use” Zoning Districts Under Live...

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The Live Local Act (Act), originally passed on March 29, 2023, was modified by SB328 on May 16, 2024. While the Act has been heralded as a solution to Florida’s affordable housing shortage, it has faced roadblocks since its...more

Nutter McClennen & Fish LLP

Changes to 40B and Affordable Housing Preferences for Veterans: What You Need to Know About the 2024 Massachusetts Affordable...

The new Affordable Homes Act revised Section 22 of Chapter 40B, part of the comprehensive permit law, to require the Housing Appeals Committee to notify the Secretary of the Executive Office of Housing and Livable Communities...more

Nossaman LLP

Construction & Claims: March 2024

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Welcome to Construction & Claims, a periodic digest of the headlines, statutory and regulatory changes and court cases involving construction news, claims, bid protests, contract administration and payment-related disputes....more

Holland & Knight LLP

Florida Legislature Amends Live Local Act's Land Use Provisions

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The Florida Legislature on Feb. 28, 2024, passed Senate Bill 328, which amends the Live Local Act (Amended Act). It becomes effective upon becoming law (except as otherwise provided). While most of the 2023 Live Local Act...more

McNees Wallace & Nurick LLC

Ways to Encourage Controlled and Collaborative Development: Streamline the Process for Zoning, Subdivision, and Land Development...

We would not blame you if you said that dealing with attorneys is not your favorite part of being a municipal official. However, in our defense, people use attorneys because they need help with complicated legal processes and...more

Williams Mullen

Meet the Affordable Housing Performance Grant - the City of Richmond’s Newest Affordable Housing Development Incentive

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The “toolbox” of incentives for increasing the supply of affordable housing in the City of Richmond now features a new tool that is attracting considerable attention from both for-profit and non-profit developers. This tool...more

Dorsey & Whitney LLP

Uncertainty Looms: Minneapolis's 2040 Plan Hits (Another) Judicial Roadblock

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The month of September was a bad month for the City of Minneapolis’s 2040 Comprehensive Plan (2040 Comp Plan). On September 5, 2023, Minnesota’s Fourth Judicial District (Hennepin County) released a decision temporarily...more

Coblentz Patch Duffy & Bass

State Seeks to Curb Appeals of Residential Building Permits in San Francisco

The land use entitlement process in California is notoriously complicated, lengthy, and fraught with uncertainty. Less attention is paid to the process of receiving building permits, post-entitlement. Generally, this process...more

Jackson Walker

City of Dallas Processes First Fee-in-Lieu Payment for Mixed Income Housing Program

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The City of Dallas has processed its first fee-in-lieu payment as part of their Mixed Income Housing Development Bonus (MIHDB) program. On May 11, 2022, Dallas City Council approved an amendment to the MIHDB program that...more

Holland & Knight LLP

Los Angeles Transit Oriented Communities Program Sees Its Wings Clipped … Somewhat

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In Fix the City, Inc. v. City of Los Angeles (L.A. Sup. Ct. Case No. 20STCP03529, order filed May 24, 2022), the Los Angeles Superior Court ruled that conflicts between qualifying Transit Oriented Communities (TOC) Guidelines...more

Best Best & Krieger LLP

Planning, Zoning and Development Legal Update

A Q&A With BB&K Of Counsel Todd Leishman and Partner Alisha Winterswyk - The last couple of years have been transformative for housing and development in California. Among the new laws passed in the last two years are a...more

Farella Braun + Martel LLP

California Court of Appeal Upholds Validity of SB 35 to Streamline Approval of Affordable Housing Projects

The California Court of Appeal issued a unanimous decision that will have lasting, positive implications for developers utilizing SB 35. SB 35 (Cal. Gov't Code Sec. 65913.4) requires cities and counties to quickly and...more

Pierce Atwood LLP

Real Estate Development in the Time of Coronavirus: Massachusetts – Update – October 2020

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NEW GUIDANCE ON PUBLIC HEARINGS ON HOUSING PROPOSALS - The Massachusetts Department of Housing & Community Development (DHCD) recently issued guidance for municipalities regarding housing development. This guidance...more

Allen Matkins

Sustainable Development and Land Use Update - February 2020

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‘All-electric’ movement picks up speed, catching some off guard - When Berkeley became the first city in the country to ban natural gas hookups in new construction last July, no one knew the effects would ripple out so...more

Best Best & Krieger LLP

Senate Bill 50 Dies in the Senate: Now What?

The “4-Plex Bill” Meant to Address the Housing Crisis Couldn’t Muster Enough Support - Much to the relief of local land-use control advocates and cities throughout California, Senate Bill 50 failed to pass the state Senate...more

Genova Burns LLC

Changes Coming to New Jersey Long-Term Tax Exemption Statute

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Several bills affecting the long-term tax exemption statute are slowly making their way through the New Jersey Legislature. While each bill addresses different provisions of the statute, the common theme among them is one of...more

Latham & Watkins LLP

California Court of Appeal Dismisses Time-Barred Challenge to Development Phase

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CEQA Case Report: Understanding the Judicial Landscape for Development - In an unpublished opinion issued October 22, 2018, Tennis Club Preservation Society v. City of Palm Springs, Case No. E068896, the California Court...more

Brownstein Hyatt Farber Schreck

10th Circuit Holds Colorado’s Urban Renewal Statute Violates Due Process in M.A.K. Investment Group v. City of Glendale

On May 14, 2018, the U.S. Court of Appeals for the 10th Circuit issued a surprising ruling establishing that a municipality must provide individual notice to property owners whose property is located within an area determined...more

Farrell Fritz, P.C.

Can Zoning Stop Property Owners from Renting?

Farrell Fritz, P.C. on

Local governments may not rely on zoning rules to prohibit renters in multi-family housing developments. Many local governments (and residents) prefer property owners living in their communities rather than tenants. This...more

Best Best & Krieger LLP

Financing Increased Demand On Pre-Existing Services Constitutes “Additional Services”

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California Court Decision Rules on Mello-Roos Community Facilities Act of 1982 - Community Facilities Districts formed by a landowner vote may be used to finance increased demand on pre-existing services, a California...more

Manatt, Phelps & Phillips, LLP

Real Estate and Land Use - August 2016 #2

Proactive Predevelopment for Successful P3s - A new report was recently published by the Urban Land Institute (ULI) called Successful Public/Private Partnerships: From Principles to Practice. The report provides valuable...more

Beveridge & Diamond PC

Flushing Out the Safe Harbor: “General Land Area Minimum” Offers Newton No 40B Shelter

Municipalities long unable to achieve ten percent affordable housing are now turning more frequently to a different Safe Harbor to block development of low and moderate income housing – compliance with the “General Land Area...more

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