The U.S. Supreme Court has agreed to hear the case of Sheetz v. County of El Dorado, California. This is a significant property rights case under the 5th Amendment of the U.S. Constitution. The court may once and for all answer the question of whether a land use permit condition in the form of a […]
What is the process of developing and financing a mixed used real estate development in an enterprise zone in an urban area?
Developing and financing a mixed-use real estate development in an urban enterprise zone involves a series of steps, from site acquisition and design to construction, leasing, and property management. An enterprise zone is a designated geographical area where governments provide tax benefits and other incentives to encourage economic development and job creation. Here’s a high-level […]
EPA Publishes Final Rule on Conducting Phase I Environmental Site Assessments Under Superfund
The U.S. Environmental Protection Agency has changed the requirements for conducting environmental site assessments under the Comprehensive Environmental Response, Compensation and Liability Act, which is commonly referred to as CERCLA or Superfund. What You Need to Know CERCLA requires prospective purchasers to conduct an “all appropriate inquiry” into the environmental conditions of a property to […]
Buying Real Estate Does Not Always Include What You May Think It Does
Despite engaging in good faith due diligence, a buyer of real estate may miss some pre-existing property damage or a public improvement that was installed without permission or legal right. Does the buyer of the property have a cause of action for a taking or inverse condemnation when such a pre-existing condition is discovered after […]
Negotiating with Your Landlord After Commercial Eviction Moratoriums Expire
During the pandemic, a spirit of we’re all in this together took some of the edge off the normally tense relationship between landlords and commercial renters. Government relief and emergency regulations helped. But now as commercial eviction moratorium protections run out, the relationship will return to normal, albeit a normal flooded with complexities, scattered in […]