News & Analysis as of

Property Improvements

Schwabe, Williamson & Wyatt PC

Property Owners Face Hurdles in Challenging Local Improvement District (LID) ‎Assessments

On August 5, 2024, the Washington Court of Appeals, Division One, demonstrated the difficulty for property owners to challenge a local government’s decision to pass the cost of city improvements to them. In SHG Garage SPE et...more

Schwabe, Williamson & Wyatt PC

Property Owners Face Hurdles in Challenging Local Improvement District (LID) ‎Assessments

On August 5, 2024, the Washington Court of Appeals, Division One, demonstrated the difficulty for property owners to challenge a local government’s decision to pass the cost of city improvements to them. In SHG Garage SPE et...more

Cadwalader, Wickersham & Taft LLP

IRS Private Letter Ruling Says CPACE Loans Qualify for REMIC Transactions

The IRS recently concluded that certain commercial property assessed clean energy (“CPACE”) assets are “obligations . . . secured by an interest in real property” under Code Section 860G(a)(3) in a private letter ruling...more

Venable LLP

District of Columbia Establishes New Tax Incentives for Office Repositioning in Downtown

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On June 25, 2024, the D.C. Council passed the Downtown Activation Conversion Program Amendment Act of 2024, in a strategic effort to revitalize the downtown area—including portions of Dupont Circle, West End, Foggy Bottom,...more

Lowndes

Avoiding Common Problems Caused by Notices of Commencement

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In Florida, a Notice of Commencement (NOC) must be recorded in the public records of the county where construction of certain property improvements occurs. This document serves two key functions....more

Ballard Spahr LLP

U.S. Supreme Court Rules in Favor of Property Owner in Exaction Takings Case

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The U.S. Supreme Court last week unanimously held that the Takings Clause of the Constitution prevents legislatures, as well as administrative agencies, from imposing unconstitutional conditions on land-use permits....more

Tonkon Torp LLP

Key Lease Work Letter Issues When the Tenant Is Doing the Work

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In her new Ear to the Ground video, the second of a two-part series on lease work letters, attorney Kimberlee Stafford, Chair of our Real Estate & Land Use Practice Group, discusses key work letter issues and situations when...more

Otten Johnson Robinson Neff + Ragonetti PC

A Guide to Retrofitting Leases for Retrofitted Buildings

As discussed in a previous Otten Johnson Alert, many Denver and Colorado property owners are subject to a slate of new benchmarking and energy performance requirements. Property owners will be implementing energy reduction...more

Nossaman LLP

Eminent Domain for Off-Site Public Improvements Associated with Private Development

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Most private development projects in California trigger some sort of discretionary public approval, whether it be environmental review, zone changes, permits, or other forms of entitlement approvals.  As part of that approval...more

Tonkon Torp LLP

Key Lease Work Letter Issues When the Landlord Is Doing the Work

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In her new Ear to the Ground video, the first of a two-part series on lease work letters, attorney Kimberlee Stafford, Chair of our Real Estate & Land Use Practice Group, discusses key work letter issues and situations when...more

Ward and Smith, P.A.

How Should Two or More People Own Property? Does It Matter? - February 2024

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When two or more people (whether spouses, romantic partners, friends, or business partners) purchase property, they put significant thought into, among other things, the property's value, appearance and condition, and how...more

Cole Schotz

New Jersey Tightening the Screws on its Home Improvement Contractor Licensing Requirements

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On January 8, 2024, the State of New Jersey enacted a new law, mandating additional licensing requirements for home improvement and home elevation contractors, with the aim of further protecting New Jersey homeowners and...more

Williams Mullen

Industrial Owners Seeking Fair Tax Treatment Should Differentiate Personal Property From Real Estate Values

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North Carolina taxes both real estate and personal property, but differing valuation schedules and processes for the two types can lead to confusion and inflated tax bills for industrial property owners. Understanding how...more

Holland & Knight LLP

Federal Leasing 2023: The Year in Review

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This is the first edition of Holland & Knight's Federal Real Estate Leasing Year in Review. For years, our GSA Leasing & Federal Real Estate Team has worked with LexisNexis to provide updated versions of the Federal...more

MG+M The Law Firm

Attorney General Issues New Regulations for Home Improvement Contracts

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New regulations from the Delaware Attorney General’s Office require contractors to include specific cost, timing and warranty information in all home improvement contracts. Starting November 1, 2023, all contracts for home...more

Lowndes

Protect Yourself Against Tenant Construction Liens in Florida

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If you are a commercial landlord in Florida, you may inadvertently be subjecting your land and building to liens by contractors who perform work for your tenants. With the recent economic downturn, many commercial buildings...more

Amundsen Davis LLC

Wisconsin Personal Property Tax Repealed: What it Means for Business Owners

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On June 20, 2023, Governor Tony Evers signed 2023 Act 12 (“Act 12”) into law. Notably, Act 12 repeals Wisconsin’s personal property tax. The repeal takes effect on January 1, 2024 and eliminates the time-consuming and costly...more

Shutts & Bowen LLP

Pith? Perfect for Lienors, Not So Much for Landlords: Protecting Rights When Improvements Are Made to Commercial Tenancies

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Have you ever heard the strange term “pith of the lease”?  This odd designation, apparently unique to Florida law, describes improvements to commercial tenancies that are essential or “vital to the lease’s perpetuality.” ...more

McGlinchey Stafford

Is One Text Message Enough? - McGlinchey Commercial Law Bulletin - July 31, 2023

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Vacating an Arbitration Award- The Bullet Point: Ohio’s Arbitration Act strongly favors arbitration. Because of this, Ohio’s Arbitration Act limits the jurisdiction of a court once an arbitration has been conducted. It also...more

Cole Schotz

Material Misstatements of the “Net Sum Available”

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When a Section 22 Affidavit, discussed in earlier installments of this series, materially misstates a building loan’s “net sum available” to pay contractors for cost of improvement work, that can have substantial adverse...more

Cole Schotz

New M-CORE Program to Incentivize Manhattan Office Renovations

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The New York City Economic Development Corporation (NYCEDC) and the New York City Industrial Development Agency (NYCIDA) have launched the Manhattan Commercial Revitalization (M-CORE) Program to incentivize owners and...more

Cole Schotz

The New York “Cost of Improvement”

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The protections that New York affords a construction lender who properly documents and files a building loan contract and its accompanying Section 22 Affidavit, each of which is discussed in earlier installments of this...more

Nelson Mullins Riley & Scarborough LLP

Alabama Supreme Court Interprets “Preservation improvements” in Tax Sale Statutes

On Friday, the Alabama Supreme Court issued its opinion in Ex parte J.C. King III (In re: Anderson Realty Grp., LLC v. J.C. King III), No. SC-2022-0653, addressing for the first time the term “preservation improvements” in...more

Cozen O'Connor

Fast & Furious Tort Law Changes, Part 2: Shorter Statute of Repose for Improvements

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On April 13, 2023, Governor Ron DeSantis signed into law Senate Bill 360, known as “An act relating to causes of action based on three improvements to real property.” Like other recent tort law changes, including those...more

Miller Nash LLP

Lien Rights on Tenant Improvement Work: A Cross-Jurisdictional Perspective

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Tenant improvement work is a common source of construction liens. When liens arise out of tenant improvement work, the question is always: does the lien attach to the owner/landlord’s ownership interest in the property, or...more

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