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 …Read more
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 …Read more
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 …Read more
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 …Read more
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 …Read more
Data centers have migrated from being something of an “alternative” real estate asset class to a mainstream asset class in recent years. With the advent of 5G networks, data intensive technologies, and the continued digitization of our professional and personal lives, strong demand for data centers is expected to continue well into the future despite …Read more
Real estate typically plays some part – whether ancillary or integral – in nearly every asset purchase, stock purchase, or merger transaction. Therefore, it’s important to understand what due diligence might be required for the real estate assets involved in the transactions you may be considering, and the potential risks of not performing that due …Read more
Commercial real estate owners across the United States continue to struggle with the adverse financial impacts Covid-19 has caused to earnings and liquidity. While the return to something resembling a normal real estate market appears to be months, if not years, away, there are some strategies you can pursue now to extract capital from owned …Read more
The Coronavirus pandemic is sweeping across the United States and, despite recent signs it may be abating in certain communities, most of the country is under some form of shelter-in-place order that in all likelihood will not be lifted for at least several weeks. The swift and persistent spread of the virus in California is …Read more
Commercial real estate borrowers and mortgagors formed as Delaware limited liability companies (“LLCs”) should be aware of new loan requirements after recent amendments to Delaware’s LLC Act. The LLC Act amendment, which became effective in August 2018, allows Delaware LLCs to be divided into one or more newly formed Delaware LLCs and allocate assets and …Read more