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Burr & Forman

Land Condominiums - a Useful Tool for Developers

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Many in the real estate industry refer to a type of development known as a “land condominium,” but the term is typically not codified in state statutes or local ordinances. So what is a land condominium? How is it different...more

Venable LLP

The Shifting Landscape of "Green Building" in Virginia

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Several jurisdictions throughout Virginia, particularly in the northern suburbs of the Washington, DC metropolitan area, are pushing the envelope on green building practices. These efforts come at a time when the development...more

Otten Johnson Robinson Neff + Ragonetti PC

New Law Targets Legal Hurdles in Colorado Land Use Approvals

On May 30, 2024, Governor Jared Polis signed House Bill 24-1107 (HB24-1107) into law.  This bill implements two significant reforms applicable to legal challenges to land use approvals brought pursuant to Colorado Rule of...more

Coblentz Patch Duffy & Bass

Supreme Court Impact Fee Decision Creates Opportunities for Developers and Property Owners

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

Bennett Jones LLP

Be Careful what you Agree to: Municipal and Planning Agreement Enforceability and the Potential for Perpetual Impacts on...

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When are agreements entered into as part of the land use planning approval process an extension of that process, and therefore changeable through a future process, and when are they more akin to commercial contracts that will...more

Gray Reed

Specialty Zoning Topics for Developers and Builders

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Last month, we delved into the fundamentals of zoning as they relate to developers and builders. Now, let’s take a deeper dive into specialized zoning topics that merit closer examination....more

Venable LLP

Two Northern Virginia Counties Are Tightening Their Data Center Regulations

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Fauquier County and Fairfax County are tightening zoning regulations for data center developments. In March, the Fauquier County Board of Supervisors approved zoning changes for the Vint Hill area's Planned Commercial...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

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

Cadwalader, Wickersham & Taft LLP

Government response to consultation on Building Safety Levy suggests it may not just apply to ‘higher-risk buildings’ in England

In this article, we discuss the key findings from the UK government’s response to the consultation on its new powers to impose a ‘Building Safety Levy’ (“Levy”) under the Building Safety Act 2022 (“BSA 2022”)....more

Jones Day

UK's Levelling-up and Regeneration Act 2023: Key Changes to the Planning System

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The Situation: The Levelling-up and Regeneration Act ("the Act") was passed by Parliament and became law on 26 October 2023.  The Development: The UK government states that the Act will "speed up the planning system,...more

Hinckley Allen

The New Year Brings New Land Use Court to Rhode Island

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The Land Use Calendar will primarily cover appeals from decisions of local review boards such as zoning boards, appeals relating to development applications, and appeals from the enactment or amendment of zoning ordinances....more

Lerch, Early & Brewer

Navigating the Zoning Process in Montgomery County, Maryland with a Land Use Attorney

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Montgomery County land developers face a myriad of challenges that can make or break their projects. From intricate zoning laws to community opposition, the road to successful development is replete with obstacles....more

Goulston & Storrs PC

Regulatory Changes: Massachusetts Wetlands Permitting

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The U.S. Supreme Court recently issued an opinion in Sackett v. EPA that established a stricter test for whether the federal Clean Water Act (CWA) applies to a wetland. The test limits federal jurisdiction to wetlands with a...more

Burr & Forman

Alternative Financing Sources for Developers: EB-5 And E-2 Investors

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The EB-5 immigrant visa investor program has been used as an alternative source of funding for many real estate developers. EB-5 investors have typically preferred real estate related projects, and EB-5 capital has been used...more

Schwabe, Williamson & Wyatt PC

OP-ED: Design Professional Standard of Care vs. Affordable Housing Needs

A few years ago, at the beginning of the pandemic, I wrote an article about the shifting norms in building design and legal risk for architects and engineers arising from the quickly evolving shifts in building use and public...more

DarrowEverett LLP

If You Don’t Use It, You May Lose It: Land Development Approvals

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Picture this scenario: You have a residential development project that had conceptual approval from the local Planning Board two years ago. Under the local laws that existed when you applied for your approval, you were...more

Bilzin Sumberg

Live Local Act Provides Sales Tax Refund as Additional Incentive for Affordable Housing Development

Bilzin Sumberg on

The Live Local Act (S.B. 102) incorporated relief from sales tax for building materials used in eligible residential units that have a recorded FHFC agreement. What Residential Units Qualify: An eligible residential unit...more

Brownstein Hyatt Farber Schreck

Land Use Bill Could Change How Local Governments Review New Housing Projects

Colorado Gov. Jared Polis’ wide-ranging land use bill targeting housing affordability was introduced on March 22, 2023, as SB 23-213, sponsored by Sen. Dominick Moreno (D-Adams) and Reps. Iman Jodeh (D-Arapahoe) and Steven...more

Perkins Coie

Bond Properly Required for Challenge to Affordable Housing

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A local organization appealed the denial of its challenge to the approval of an affordable housing project and disputed the trial court’s order requiring it to post a bond. The Court of Appeal rejected plaintiff’s contentions...more

Hogan Lovells

UK: What does nutrient neutrality mean for developers?

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The concept of nutrient neutrality has received a lot of media attention in recent months. Indeed, it's hard to avoid the warnings from various bodies that the development of hundreds of thousands of homes across England has...more

Akerman LLP

Vesting under 421-a Is Just the Beginning

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As many in the New York Real Estate community are aware, Section 421-a (16) of the New York Real Property Tax law (“421-a”), was not re-enacted by the State Legislature.  Projects that were eligible for a tax exemption under...more

Winstead PC

[Webinar] Real Estate Lunch & Learn: Defending Defects Part 2 - August 11th, 12:00 pm - 1:00 pm CT

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Even with strong documents designed to minimize liability, claims still occur. Implementing a comprehensive defense strategy from the very first notice of claim can be the difference between victory or defeat. Join...more

Lowndes

Local Regulations and the Subdivision of Property

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Land in Florida continues to be rapidly developed due to the economic growth still taking place in the state. The housing market currently remains strong, and new residential developments (both apartments and single-family...more

J.S. Held

Understanding the International Green Construction Code (IgCC), the California Green Building Standards Code (CGBSC) &...

J.S. Held on

Green building and energy conservation are now more commonplace in the United States with State and Local Authorities Having Jurisdiction (AHJs) adopting some version of the International Code Council’s (ICC) suite of...more

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