News & Analysis as of

Property Improvements Property Owners

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

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

Ward and Smith, P.A.

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

Ward and Smith, P.A. on

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

Williams Mullen

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

Williams Mullen on

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

Cozen O'Connor

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

Cozen O'Connor on

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

Gray Reed

Operator Escapes Liability For a Gas Kick and Resulting Fire

Gray Reed on

The Texas Civil Practices and Remedies Code, Chapter 95, limits a property owner’s liability when an independent contractor hired to construct, repair, renovate or modify an improvement to the owner’s property brings a...more

Bricker Graydon LLP

[Webinar] 2022 Kentucky PACE Market Update - January 20th, 12:00 pm - 1:00 pm EST

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Are you interested in Property Assessed Clean Energy (PACE) in Kentucky? Join Bricker & Eckler and PACE administrator, Energize Kentucky, as they highlight the major accomplishments from 2021 and provide an outlook for the...more

Farrell Fritz, P.C.

Living Fences in Dering Harbor

Farrell Fritz, P.C. on

The Board of Trustees in the Village of Dering Harbor, located on Shelter Island, adopted a resolution in February of 2018, granting an application of property owners, Brad Goldfarb and Alfredo Paredes, to install and...more

Jones Day

Improvement Notices and Cladding in the UK: What You Need to Know

Jones Day on

The Situation: To discharge their statutory responsibilities, and as a result of increasing pressure from central government, local authorities ("LAs") are turning to section 11 and 12 of the Housing Act 2004 ("HA 2004") as a...more

Bricker Graydon LLP

[Webinar] PACE Market Update | 2020 Review & 2021 Forecast - January 12th, 11:00 am - 1:00 pm EST

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Bricker & Eckler, along with national and state partners, will recap significant PACE industry developments from 2020 and preview what’s on the horizon for 2021....more

Best Best & Krieger LLP

Property Owners Must Participate in Public Hearing to Challenge BID Assessments

A “No” Vote is Not Enough, California Appellate Court Holds - When it comes to assessments for business improvement districts, voting “no” is not enough to exhaust one’s administrative remedies. For a property owner to...more

Nossaman LLP

“Public Improvement” Narrowly Defined to Limit Inverse Condemnation Liability

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Since the California Supreme Court’s 2019 Oroville decision, which narrowed inverse condemnation liability for public agencies, several court decisions have followed suit. ...more

Miles & Stockbridge P.C.

Real Estate Alphabet Soup: I is for Improvements

Miles & Stockbridge P.C. on

In my last post, “Real Estate Alphabet Soup: H is for Homeowners’ Association” I continued my primer on the “alphabet soup” of real estate. This post continues to stir the “alphabet soup” with the letter “I.” I is for...more

White and Williams LLP

Tennessee Looks to Define Improvements to Real Property

White and Williams LLP on

For subrogation practitioners dealing with an installation-based statute of repose, knowing what is an improvement to real property is the first battle in what can, but does not have to be, a long fight. Like many other...more

K&L Gates LLP

Talking Sports Law: Interview with Boston Red Sox Counsel

K&L Gates LLP on

This episode of Talking Sports Law features a discussion with in-house counsel for one of the most iconic sports properties in the world, the Boston Red Sox. Hosts John Wilson and Caleb Ginsberg are joined by Mandy Petrillo...more

Best Best & Krieger LLP

New Disability Access Informational Notices Required in California - AB 3002 Took Effect Jan. 1

Cities and counties in California are now required to provide informational notices related to disability access requirements. ...more

Carlton Fields

Real Property, Financial Services & Title Insurance Case Law Update: November 2013

Carlton Fields on

I. FLORIDA STATE CASES – SARA WITMEYER & SASHA FUNK GRANAI - - Implied Warranties of Fitness and Merchantability: warranties apply to improvements that provide essential services to residential subdivision, including...more

Snell & Wilmer

Understanding Zoning Nonconforming Uses Is No Walk In The Park, But A Mobile-Home Park May Be Treated As A Unified Use.

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When Arizona municipalities adopt new zoning ordinances and regulations, existing property owners have the right to continue using their property for the use in place when the new ordinance or regulation becomes effective,...more

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