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Real Estate Law Blog

Real Estate Law Blog

Includes news, cases and commentary on real estate and property law in New York and nationwide. By Newman Ferrara LLP.

http://www.nyrealestatelawblog.com/
  • Apr 15

    SEE YA!

    SEE YA!
    Let's all wave! El Nido Resorts -- Pangulasian Saying hello ... or goodbye?
  • Apr 15

    ANOTHER IF/THEN

    ANOTHER IF/THEN
    LaChanze as Kate IF/THEN
  • Apr 15

    SO LONG SEBELIUS!

    SO LONG SEBELIUS!
    I was flying when I learned Sebelius resigned as Health and Human Services Secretary. (Old news.)
Rank this Week: 9

Indiana Real Property and…

Indiana Real Property and Environmental Law Report

Comments on Indiana real estate, land use and environmental cases. By Jeff Lorenzo.

http://indianarealpropertylaw.com/
Rank this Week: 12

Land Use Prof Blog

Land Use Prof Blog

By Professors Will Cook, Chad D. Emerson, Matthew J. Festa, Ngai Pindell and Jamie Baker Roskie.

http://lawprofessors.typepad.com/land_use/
  • Apr 15

    If mayors ruled the world

    If mayors ruled the world
    Readers of this blog may want to tune in to the latest Freakanomics podcast, which investigates Benjamin Barber's recent book. A blurb from the Freakanomics website: The episode expands on an idea from political theorist Benjamin Barber,…
  • Apr 15

    Sheep-shearing a hillside for fire prevention

    Sheep-shearing a hillside for fire prevention
    Boise sits hard-by a range of foothills that lead into the Boise National Forest. Those foothills have a lot of grasses that, come summer, could light up in a fire. And so, what is the fire prevention strategy devised here...
  • Apr 11

    Forty-six ways to define resilience

    Forty-six ways to define resilience
    I was just introduced to a useful 2013 report by the Community and Regional Resilience Institute entitled Definitions of Community Resilience: An Analysis. The report provides cites to and summaries of forty-six articles that attempt to…
Rank this Week: 132

PropertyProf Blog

PropertyProf Blog

By Professors D. Benjamin Barros and Alfred L. Brophy.

http://lawprofessors.typepad.com/property/
  • Apr 15

    Renting is Expensive . . .

    Renting is Expensive . . .
    . . . and appears to be getting even more so: Nationally, half of all renters are now spending more than 30 percent of their income on housing, according to a comprehensive Harvard study, up from 38 percent of renters...
  • Apr 15

    The New York Times Covers Gentrification

    The New York Times Covers Gentrification
    The New York Times' Room For Debate series recently covered the pros and cons of gentrification. Law professors were represented by Wisconsin's Lisa Alexander: Urban centers with significant subsidized and rent-restricted affordable housing…
  • Apr 14

    PennLaw: Property Rights in South Asia

    PennLaw: Property Rights in South Asia
    The PennLaw is hosting an upcoming two-day workshop to explore property law regimes in South Asian societies. While the full conference papers aren't yet available, it's worth checking out the very interesting paper abstracts that are posted.…
Rank this Week: 182

Mandelman Matters

Mandelman Matters

Covers the foreclosure crisis. By Martin Andelman.

http://mandelman.ml-implode.com
  • Apr 15

    Tom Deutsch of the ASF on Eminent Domain & Loan Modifications – A Mandelman Matters Podcast

    Tom Deutsch of the ASF on Eminent Domain & Loan Modifications – A Mandelman Matters Podcast
    If Professor Robert Hockett is the man behind the plan to use eminent domain to take over underwater loans and write them down for homeowners, Tom Deutsch is his arch nemesis. This is an opportunity to hear how the opposition to the plan to…
  • Apr 14

    How to Handle the Increased Costs We’ll All Pay Under ObamaCare

    How to Handle the Increased Costs We’ll All Pay Under ObamaCare
    ObamaCare's out of pocket maximums established by the IRS for 2014 are $6,350 for an individual and $12,700 for a family… so that means that we’ll all pay coinsurance, copays and deductibles up to those out-of-pocket limit…
  • Apr 14

    It was an honor to help him get his loan modified…

    It was an honor to help him get his loan modified…
    It was an honor to help Arlie Matthews get his loan modified with Bank of America. At the times when I sit and wonder why I've done what I've done, and how I can possibly continue doing it for one more day, I think of Arlie.
Rank this Week: 279

Real Estate and Construction Law…

Real Estate and Construction Law Blog

Up-to-date information on real estate, construction, environmental, and land use law. By Sheppard Mullin.

http://www.realestatelanduseandenvironmentallaw.com/
Rank this Week: 312

nearlylegal

nearlylegal

Covers housing law, legal aid and other topics.

http://nearlylegal.co.uk/blog
  • Apr 13

    Spoiling the Broth

    Spoiling the Broth
    Blake and others v LB Waltham Forest [2014] EWHC  1027 (Admin) is a judicial review challenge to the local authority’s decision to terminate a licence held by Christian Kitchen (the 3rd Claimant) to operate its soup…
  • Apr 13

    Disrepair: La luta continua!

    Disrepair: La luta continua!
    2013 was a difficult year for claimant disrepair. Changes in legal aid funding have made it all but impossible to pursue a disrepair claim under legal aid alone, as funding is only available for an order to carry out repairs to where there is…
  • Apr 11

    Disrepair: Damp and quantum

    Disrepair: Damp and quantum
    Following on from this post on disrepair counterclaims and as a precursor to a substantial post on disrepair quantum to follow very soon(ish), this is a County Court Judgment on an assessment of quantum hearing on 28 March 2014 (there was a…
Rank this Week: 354

Abbott & Kindermann Land Use…

Abbott & Kindermann Land Use Law Blog

Covers land use, environmental, and real estate law in California.

http://blog.aklandlaw.com/
  • Apr 8

    When Common Sense Is Just Plain CEQA Horse Sense

    When Common Sense Is Just Plain CEQA Horse Sense
    By William A. Abbott   Citizens for Environmental Responsibility v State of California (March 26, 2014, C070836) ___ Cal.App.4th ___.The 14th District Agricultural Association operates the Santa Cruz County fairgrounds outside of…
  • Apr 3

    2014 CEQA 1st QUARTER REVIEW

    2014 CEQA 1st QUARTER REVIEW
    By William Abbott, Diane Kindermann, Katherine Hart, Glen Hansen, and Brian Russell Welcome to Abbott & Kindermann’s 2014 1st Quarter CEQA update. It has been a quiet first quarter. One decision, Lotus v. Department of…
  • Apr 3

    Appellate Court Shuts Out Trial Court in CEQA/ESA Double Header under Deferential Standard of Review

    Appellate Court Shuts Out Trial Court in CEQA/ESA Double Header under Deferential Standard of Review
    By Diane G. Kindermann In a lengthy and unanimous reversal of the trial court on ESA and CEQA issues in Center for Biological Diversity v. California Department of Fish and Game, et al. (March 20, 2014, BS131347) ___ Cal.App.4th ___, the…
Rank this Week: 391

Affordable Housing Institute:…

Affordable Housing Institute: United States

Covers affordable housing and sustainable housing ecosystems. By David Smith.

http://affordablehousinginstitute.org/blogs/us/
  • Apr 14

    History of a plot: Part 2, Crossing Delancey

    History of a plot: Part 2, Crossing Delancey
    [Continued from yesterday's Part 1.] By: David A. Smith The beginning of a plot is the prompting of desire. – Christopher Lehmann-Haupt Yesterday’s Part 1 introduced us to William Rapfogel, protege of both Sheldon Silver…
  • Apr 14

    History of a plot: Part 1, The sixtie

    History of a plot: Part 1, The sixtie
    Storytelling is about two things; it’s about character and plot. – George Lucas. By: David A. Smith They grew up in the same circles, and they came of age politically together.  For almost four decades, they did favors for…
  • Apr 10

    Cosh and carry: Part 2, Money for the Einsteinian political economy

    Cosh and carry: Part 2, Money for the Einsteinian political economy
    [Continued from yesterday's Part 1.] By: David A. Smith Yesterday’s post, using as source material two articles, one from the Economist (April 5, 2014), the other from the Wall Street Journal (March 27, 2014; green font), both…
Rank this Week: 418

The Massachusetts Real Estate Law…

The Massachusetts Real Estate Law Blog

Features news, commentary and musing about Massachusetts real estate law and litigation. By Richard D. Vetstein.

http://massrealestatelawblog.com/
  • Apr 10

    Common Sense Prevails! SJC Rejects Strict Liability for Intoxicated Tenant’s Fall

    Common Sense Prevails! SJC Rejects Strict Liability for Intoxicated Tenant’s Fall
    Sheehan v. Weaver: Strict Liability For Building Code Violations Does Not Apply To Residential Structures I love being right. I was critical, and called for the overruling, of Northeast Housing Court Judge David Kerman’s 2012…
  • Apr 5

    SJC To Consider Marijuana Possession In Rental Housing

    SJC To Consider Marijuana Possession In Rental Housing
    Decision Could Have Wide Impact Upon Marijuana Use By Tenants The law on marijuana and rental housing remains clouded to say the least. And that’s no pun. This week on April 8th, the Supreme Judicial Court will consider the first…
  • Mar 25

    Defective 90 Day Cure Notice No Defense To Post-Foreclosure Eviction

    Defective 90 Day Cure Notice No Defense To Post-Foreclosure Eviction
    Distressed Homeowners Lose Key Defense, While Foreclosure Purchasers Gain More Title Security Last week, the Supreme Judicial Court decided yet another important foreclosure case, U.S. Bank v. Schumacher (embedded below). The issue considered…
Rank this Week: 425

Hotel Law Blog

Hotel Law Blog

Covers condo hotels, finance, land use, management agreements, and outlooks and trends. Published by Jim Butler of Jeffer Mangels Butler & Mitchell LLP.

http://hotellaw.jmbm.com/
Rank this Week: 561

inversecondemnation.com

inversecondemnation.com

Recent developments and commentary on regulatory takings, eminent domain, inverse condemnation, property rights, and land use law. By Robert H. Thomas of Damon Key Leong Kupchak Hastert.

http://www.inversecondemnation.com/inversecondemnation/
  • Apr 14

    Mike Berger To Receive 2014 Brigham-Kanner Property Rights Prize From William & Mary Law School

    Mike Berger To Receive 2014 Brigham-Kanner Property Rights Prize From William & Mary Law School
    Each year, the William and Mary Law School's Property Rights Project awards the Brigham-Kanner Property Rights Prize to a deserving person "whose work affirms that property rights are fundamental to protecting and preserving individual…
  • Apr 11

    N.C.: "Map Act" Inverse Cases Must Be Prosecuted Individually, Not As A Cla

    N.C.: "Map Act" Inverse Cases Must Be Prosecuted Individually, Not As A Cla
    The North Carolina Supreme Court has issued its opinion in Beroth Oil Co. v. North Carolina Dep't of Transportation, No. 390PA11-2 (Apr. 11, 2014). That's the case which we've been following about the class-action worthiness of of a case in…
  • Apr 9

    Fed Cir: Big Auto Bailout Could Be A Taking

    Fed Cir: Big Auto Bailout Could Be A Taking
    Here's the latest from the Federal Circuit, a decision involving regulatory takings, the big auto bailout, and the nature of property rights. A&D Auto Sales, Inc. v. United States, Nos. 13-5019, 13-1520 (Apr. 7, 2014) In the TARP and the…
Rank this Week: 492

Gareth Shepperson's First Law

Gareth Shepperson's First Law

Covers property law, property development and related thoughts.

http://garethsfirstlaw.blogspot.com/
  • Apr 11

    Waterfall Estate property development to transform Midrand

    Waterfall Estate property development to transform Midrand
    Waterfall Estate property development to transform MidrandThe Waterfall Estate in Midrand, which the developers claim is the largest property development in the country's history, will have an estimated positive economic impact valued at…
  • Apr 11

    Chinese group`s R84bn Modderfontein plan

    Chinese group`s R84bn Modderfontein plan
    Chinese group`s R84bn Modderfontein planSet to transform Modderfontein and benefit South Africans.The stereotype that Chinese businessmen exploit smaller countries through their investments in land, which has led to their integrity being…
  • Apr 11

    The painful process of collecting outstanding levie

    The painful process of collecting outstanding levie
    Shepperson Attorneys represents both Home Owners Associations (HOA's) and Body Corporates throughout Gauteng.  We can take all your headaches away including the issue of arrear levies described below.We have a variety of options…
Rank this Week: 539

New York Zoning and Municipal Law…

New York Zoning and Municipal Law Blog

Covers adverse possession, environmental law, municipal law, zoning and land use. Published by Silverberg Zalantis.

http://blog.szlawfirm.net/
  • Apr 5

    Court Reverses Zoning Board Definition of Auditoriun

    Court Reverses Zoning Board Definition of Auditoriun
    The Appellate Division overturned a determination by the Albany Board of Zoning Appeals (BZA) that found an event at which the audience stands is not a permitted use of an auditorium.
  • Mar 31

    State "Cemetery Law" Does not Preempt Local Zoning

    State "Cemetery Law" Does not Preempt Local Zoning
    In a case where the claim is the Not For Profit Corporation Law Article 15 (cemetery law) preempts local zoning, the Appellate Division held a local prohibition on crematories was not invalid.
  • Mar 30

    SEQRA Challenege Not Ripe Absent Approval

    SEQRA Challenege Not Ripe Absent Approval
    The Appellate Division dismissed a challenge to SEQRA Findings where no approvals had actually be granted.
Rank this Week: 541

DSV Construction Law Blog

DSV Construction Law Blog

Covers construction law, green building, and public contract law. By Drewry Simmons Vornehm, LLP.

http://drewrysimmonsvornehm.wordpress.com/
  • Feb 11

    Waiver of Subrogation Applies to All Damages, Regardless of Whether Owner Secures Required Insurance

    Waiver of Subrogation Applies to All Damages, Regardless of Whether Owner Secures Required Insurance
    By: William E. Kelley, Jr., LEED AP BD+C The Indiana Court of Appeals, in a split decision, recently held that a waiver of subrogation clause in a construction contract serves to waive all claims for damage, where those damages are…
  • Sep 12

    The Fine Line Between Conditional Permits and Governmental Taking

    The Fine Line Between Conditional Permits and Governmental Taking
    By: Erik S. Mroz Property owners and developers take notice.  The recent U.S. Supreme Court decision in Koontz v. St. Johns River Water Management District (June 25, 2013) has broadened a property owner’s right to bring…
  • Jun 19

    7th Circuit Upholds Limitation of Liability Clause for Design Professional

    7th Circuit Upholds Limitation of Liability Clause for Design Professional
    By: William E. Kelley, Jr., LEED AP BD+C In a decision that should have both Owners and Design Professionals taking close notice, the U.S. Court of Appeals for the 7th Circuit recently upheld enforcement of a contractual limitation of…
Rank this Week: 531

Msquire's Musings

Msquire's Musings

Covers the analysis and management of legal risks for entrepreneurs, small businesses, community associations (homeowners associations) and other non-profit organizations. By Linda E. Cummings.

http://msquire.wordpress.com
  • Dec 28

    The Humor in Parenting a Child With Special Need

    The Humor in Parenting a Child With Special Need
      If you are the parent of a child with special needs engaged in the never ending struggle to advocate for your child’s right to an education, the term “special ed” does not tend to bring a smile to your face.  Indeed, the idea that…
  • Oct 13

    On Big Gifts in Small Package

    On Big Gifts in Small Package
    I struggled a bit for a title for this post, and I’m still not sure I got it right (but I’m thinking there might not be a “right” title for this one). Anyway . . . .  Despite my best efforts to “catch up” on Columbus Day, this…
  • Oct 7

    More on Electric Car Charging Stations – for Community Association

    More on Electric Car Charging Stations – for Community Association
    A reader of  my post here sent me an e-mail message raising concerns about whether installing charging stations could make a community association an unlicensed electric power re-seller.  The reader raised an important issue.  As…
Rank this Week: 521

New Miami Blog

New Miami Blog

Focuses on including international arbitration, real estate investment and land development, financing, foreign investment and tax, Miami’s new zoning code (Miami 21), public-private partnerships, hospitality, and construction in Miami, Florida. By Bilzin Sumberg Baena Price & Axelrod LLP.

http://www.newmiamiblog.com/
  • Apr 14

    ICCA 2014 Miami Conference Coverage

    ICCA 2014 Miami Conference Coverage
    Bilzin Sumberg attorneys Joseph Mamounas and Rafael Ribeiro participated in a blogging event from the ICCA Conference this week for the Kluwer Arbitration Blog. The Kluwer Arbitration Blog (KAB) is a publication that…
  • Apr 11

    ICCA Congress Cements Miami as Arbitration Hub

    ICCA Congress Cements Miami as Arbitration Hub
    Every two years the top international arbitration professionals and legal scholars from around the globe gather at the International Council for Commercial Arbitration’s Congress, or “ICCA Congress,” as it is commonly known,…
  • Apr 10

    200 New Condo Towers Planned in South Florida since May 2011

    200 New Condo Towers Planned in South Florida since May 2011
    An exciting announcement was recently made in South Florida - between May 2011 and today more than 200 new condo towers east of I-95 in Miami-Dade, Broward and Palm Beach counties have been scheduled to be built.  Yes, this is…
Rank this Week: 669

National Eminent Domain Blog

National Eminent Domain Blog

Covers eminent domain news with a focus on Michigan. By Ackerman Ackerman & Dynkowski.

http://www.nationaleminentdomain.com/
  • Apr 15

    Railroad Properties Revert To Owner

    Railroad Properties Revert To Owner
    Under a recent U.S. Supreme Court decision, many railroad properties will now revert to the adjacent property owners. Most jurisdictions maintain an easement is simply that, an easement for a specific purpose. When the purpose for the…
  • Apr 14

    The Problem With Assessed Value

    The Problem With Assessed Value
    Assessed value is often not related to fair market value. Frequently, communities under assess and use a higher multiplier in order to capture taxes. At other times, assessments are “capped”, thereby limiting increases in the…
  • Apr 11

    TxDOT Challenged Lack Of Fairne

    TxDOT Challenged Lack Of Fairne
    Some Departments of Transportation have a uniform policy. They do not buy property, no matter what the consequence or whether the properties will be developed in the very near future. Texas jumped at purchasing certain properties, which…
Rank this Week: 717

The Landlord Law Blog

The Landlord Law Blog

Covers residential landlord and tenant law in the UK.

http://landlordlaw.blogspot.com/
Rank this Week: 729

Weiss Berzowski Brady LLP Blog

Weiss Berzowski Brady LLP Blog

Covers business law, employment law, estate planning, real estate law and tax law.

http://www.wbb-law.com/multimedia/blog
Rank this Week: 694

Sonoma County Bankruptcy Lawyer…

Sonoma County Bankruptcy Lawyer Blog

Covers landlord-tenant, bankruptcy, small business and family law. By Richard C. Koman.

http://www.richardkoman.com
  • Sep 20

    Can San Jose require affordable housing? Cal Supremes will decide

    Can San Jose require affordable housing? Cal Supremes will decide
    The California Supreme Court will take on the case of whether San Jose can require developers to include “affordable housing” in new developments, The Mercury News reports. San Jose would require developers to offer 15 percent of…
  • Dec 8

    California eviction basic

    California eviction basic
    I wrote this step by step for Avvo a while back, called How to Evict a Tenant in California. It’s not just the basic procedures, but also gives a sense of the negotiation and settlement process that is key to working out a good deal. 1…
  • Sep 23

    Thinking about college? Did you know student loan debt is nondischargeable?

    Thinking about college? Did you know student loan debt is nondischargeable?
    Created by: CollegeAtHome.com
Rank this Week: 722

Real Property & Environmental Law…

Real Property & Environmental Law Alert

Covers transactional real estate, development/redevelopment, and environmental law. By Gibbons.

http://www.rpelawalert.com/
Rank this Week: 905

Sonoma County Lawyer Blog

Sonoma County Lawyer Blog

Covers bankruptcy, family law, and landlord-tenant law. By the Law Offices of James V. Sansone.

http://blog.jamessansonelaw.com/
  • Apr 15

    Older Couples Have a Higher Rate of Divorce

    Older Couples Have a Higher Rate of Divorce
    New studies indicate that the social scientists who read data on marriage and divorce rates have been studying the wrong data. According to the Minnesota Population Center, it turns out that more people are splitting up these days, not…
  • Apr 8

    Are Your Unvested Retirement Benefits Community Property?

    Are Your Unvested Retirement Benefits Community Property?
    Are unvested military retirement benefits considered community property? That's the question a trial court dealt with in the divorce case of Daniel v. Daniel. In this case, Christen and Sean Daniel had married in 1995 and had three children.…
  • Apr 1

    Offsetting the High Cost of Adoption

    Offsetting the High Cost of Adoption
    Last week I discussed the unexpected political issues that nearly derailed the adoption of four children from the Ukraine (International Politics Can Affect Your Foreign Adoption). This week I'll explain how you can offset some of the…
Rank this Week: 1059

Real Estate & Construction Law…

Real Estate & Construction Law Blog

Features real estate and construction law updates and analysis. By Buckingham, Doolittle & Burroughs LLP.

http://www.bdblaw.com/publications-events/real-estate-and-construction-law-blog/
Rank this Week: 916

Tarley Robinson Legal Nuggets

Tarley Robinson Legal Nuggets

Covers legal issues facing small businesses and common interest communities (known popularly as HOAs).

http://blog.tarleyrobinson.com/
  • Apr 8

    How long should your HOA retain its records?

    How long should your HOA retain its records?
    You are elected Secretary of your homeowners’ association. Congratulations! Someone hands you the minute book, owner roster, and the governing documents. You think, hey this is not overwhelming at all. Then the retiring Secretary…
  • Mar 31

    Simple Tips for Effective Due Process Hearings in your HOA

    Simple Tips for Effective Due Process Hearings in your HOA
    This blog post focuses on addressing one major source of discontent in community associations: due process hearings for alleged violations of the community’s governing documents or condominium instruments. Homeowners want fairness…
  • Mar 18

    CAI Law Seminar 2014 for HOA Lawyer

    CAI Law Seminar 2014 for HOA Lawyer
    Hard to believe that the CAI Law Seminar in Las Vegas was 7 weeks ago.  I have been meaning to report on the seminar but the practice has kept me very busy. The Law Seminar provides a unique learning opportunity to discuss emerging…
Rank this Week: 852

Law of the Land

Law of the Land

A blog on land use law and Zoning by Albany Law School Associate Dean and Professor Patricia Salkin.

http://lawoftheland.wordpress.com/
Rank this Week: 950

California Condo & HOA Law…

California Condo & HOA Law Blog

Covers affordable housing, elections, collections, boards and committees. By Beth Grimm.

http://communityassociations.net/cacondoguru/
  • Apr 1

    SMALL ASSOCIATION OUT OF COMPLIANCE – WHAAAAAAAAAAAAT!

    SMALL ASSOCIATION OUT OF COMPLIANCE – WHAAAAAAAAAAAAT!
    I got an email from someone that posed a simple little problem – ha ha. There seems to be very few of those in this business. When I wrote back asking if the person was seeking legal advice, I got this answer: “I do not need a…
  • Apr 1

    Updating HOA Documents – How Can You Save Money?

    Updating HOA Documents – How Can You Save Money?
    I received an email inquiry today from a board member who says they want to work with me to update their governing documents. They are filled with anticipation and ready to go. They say “Our Board has set up a committee to tackle this…
  • Mar 22

    BLANKET HOA RECORDING FOR NOTICE OF FORECLOSURE SALE

    BLANKET HOA RECORDING FOR NOTICE OF FORECLOSURE SALE
    This is a long post. It is excerpted from the currently updated Primer – Assessments A-2 – What Happens in an HOA Foreclosure Situation, which is all about foreclosures in HOAs. If you are interested as an HOA in getting notice of…
Rank this Week: 938

Condo Development Blog

Condo Development Blog

Provides commentary to real estate developers, builders, and land use planners. By Robson Carpenter LLP.

http://www.rcllp.ca/condo/
  • Feb 7

    Quorum oh Quorum

    Quorum oh Quorum
    Post by: Meghan MacDonald We have noticed lately that it is becoming difficult to obtain the required quorum of unit owners at condominium turnover meetings.  The purpose of the turnover meeting is for the Declarant of the condominium to…
  • Nov 20

    Development Charges Season

    Development Charges Season
    Post by: Craig Robson Many municipalities in Ontario are currently undergoing a review of their development charges bylaws for 2014 implementation. Anyone who is involved in real estate development should be paying careful attention to these…
  • Nov 1

    Schedule G Part 3: Schedule G – Municipality

    Schedule G Part 3: Schedule G – Municipality
    Post by: Craig Robson With respect to phased condominiums, a “Schedule G- Municipality” is required for each phase with the exception of the final phase. The legislation does not specifically exempt the last phase from having a…
Rank this Week: 922

Construction Industry Blog

Construction Industry Blog

Follows the construction industry and related legal topics. By Womble Carlyle.

http://wombleconstruction.blogspot.com/
  • Jul 20

    Paradoxe

    Paradoxe
    For the past six months or so, I've been using ConsensusDOCS agreement forms wherever I can reasonably do so ---- meaning that I'm using them for projects on which there is not an owner or architect who insists on using AIA documents. I…
  • Jun 18

    ConsensusDOCS for Public Contracts? Yes, In South Dakota

    ConsensusDOCS for Public Contracts? Yes, In South Dakota
    It will be interesting to see how quickly South Dakota begins using ConsensusDOCS for public contracts after the February 2009 legislation permitting the use of the "ConsensusDOCS 200 Standard Agreement and General Conditions Between Owner…
  • Mar 23

    How do you measure damages when a construction blunder saves an owner $200 million?

    How do you measure damages when a construction blunder saves an owner $200 million?
    A recent story out of Las Vegas, covered in the NY Times, poses an interesting question for construction and real estate lawyers ---- what would be the measure of damages for defective construction, the result of which is estimated to save…
Rank this Week: 864

Iowa Law Blog

Iowa Law Blog

Covers business, employment, trust & estates family, real estate, regulatory compliance and utility law. By Sullivan & Ward, PC.

http://www.iowa-lawblog.com/
  • Apr 15

    Cats, Dogs and No Contact Orders.

    Cats, Dogs and No Contact Orders.
     In the coming months, victims of domestic abuse may have one less deterrent from seeking out necessary help and protection. Under Senate File 2118, "pets or companion animals owned or held" by the parties to a domestic abuse protective…
  • Apr 11

    Conducting an Investigation

    Conducting an Investigation
    An employee just made a complaint of harassment or discrimination. You know you have a duty, as the employer, to investigate the employee’s complaint, but aren’t entirely sure how to conduct the investigation. Here are a few…
  • Mar 17

    How to Navigate Divorce in a Healthy Way

    How to Navigate Divorce in a Healthy Way
    Making the decision to end your marriage can be a very emotional experience.  Oftentimes, the emotions associated with ending your marriage result in anger and/or resentment toward your soon-to-be ex-spouse which in turn can make a…
Rank this Week: 1170

Legal Scoop on Southwest Florida…

Legal Scoop on Southwest Florida Real Estate

Covers real estate and environmental issues in Southwest Florida. By Henderson Franklin.

http://www.legalscoopswflre.com/
  • Apr 14

    Update: Condemnation of Underwater Mortgage

    Update: Condemnation of Underwater Mortgage
    Since our last update at the beginning of this year, Irvington, New Jersey has taken a small step toward the use of eminent domain to acquire underwater mortgages. In late March 2014, the Council of the Township of Irvington, in a 6 to 1…
  • Apr 9

    Residential Property Disclosures: Seller Beware!

    Residential Property Disclosures: Seller Beware!
    Lawsuits regarding nondisclosure of a home’s problems are becoming more prevalent. Historically, the rule of “caveat emptor” or “buyer beware” was the prevailing standard in residential transactions. However, the…
  • Mar 31

    What’s Going on with State Road 29?

    What’s Going on with State Road 29?
    The Florida Department of Transportation is studying State Road 29 in order to determine the need for transportation improvements in Immokalee. FDOT is taking a look at State Road 29 from Oil Well Road in Collier County to State Road 82 and…
Rank this Week: 1359

Ohio Real Estate Blog

Ohio Real Estate Blog

Covers broker and realtor issues, construction and development, landords and tenants, and real estate taxation. By Kohrman Jackson & Krantz.

http://www.ohiorelaw.com/
  • Apr 13

    CLE Updates: Upcoming Real Estate Educational Seminar

    CLE Updates: Upcoming Real Estate Educational Seminar
    In one sign that spring is here, the number of educational seminars on real estate topics is blooming.  Below is information regarding several upcoming seminars:1.  The Ohio State Bar Association (OSBA) is sponsoring a Land Use and…
  • Apr 7

    How the Right App Can Save the Day

    How the Right App Can Save the Day
    This post is a little off topic for our blog but I wanted to share how one of the apps that I wrote about in January saved the day in a transaction closing. Recently, I attended a closing for a combined asset/commercial real estate…
  • Mar 31

    Don’t Let Your Contract Disappear (Merge) Into Your Deed

    Don’t Let Your Contract Disappear (Merge) Into Your Deed
    Other than the real estate purchase and sale agreement, the deed is the most important and often misunderstood document utilized in a real estate transaction. Like a certificate of title for an automobile, the deed is the document that…
Rank this Week: 1181

Texas Attorney Blog

Texas Attorney Blog

Covers construction law, development, mechanic's liens, mortgage lending, premises liability, real estate law & news, rural water utilities, and Texas Supreme Court Updates. By Aimee Hess.

http://www.texasattorneyblog.com/
  • Apr 11

    Is Deep Subsurface Waste Water Migration a Trespass in Texas?

    Is Deep Subsurface Waste Water Migration a Trespass in Texas?
    The Texas Court of Appeals in Beaumont, Texas recently decided a very interesting the case that has huge implications for Texas land and mineral owners: Environmental Processing Systems LC v. FPL Farming Ltd. The Texas Supreme Court recently…
  • Apr 11

    Is Deep Subsurface Salt Water Migration a Trespass in Texas?

    Is Deep Subsurface Salt Water Migration a Trespass in Texas?
    The Texas Court of Appeals in Beaumont, Texas recently decided a very interesting the case that has huge implications for Texas land and mineral owners: Environmental Processing Systems LC v. FPL Farming Ltd. The Texas Supreme Court recently…
  • Apr 4

    New Partnership for Oil and Gas Shale Drilling and Manufacturing

    New Partnership for Oil and Gas Shale Drilling and Manufacturing
    A new partnership has been formed in the energy industry that may benefit shale oil and gas drilling in Texas: the American Shale and Manufacturing Partnership. The member organizations include manufacturing, labor, environmental, academic,…
Rank this Week: 1447

Northwest Condo & HOA Law Blog

Northwest Condo & HOA Law Blog

Covers issues around condominium ownership, homeowners associations, and construction defects. By Barker Martin.

http://www.condo-hoalawblog.com/
  • Apr 10

    Changes, Changes, and More Changes: Amending Governing Documents in Oregon

    Changes, Changes, and More Changes: Amending Governing Documents in Oregon
    Community associations have varying reasons to amend their governing documents and we previously discussed when to amend governing documents in our February 2014 weekly email. Sometimes, a current rule does not fit a community. Other times,…
  • Mar 27

    Discrimination

    Discrimination
    I recently noticed a blog post based on how to challenge your community association. A quick search revealed that there are many postings or websites devoted to the topic. A recurring theme among those posts: If you want to challenge your…
  • Mar 20

    The Aftermath of Damage

    The Aftermath of Damage
    In the fall of 2013 our weekly email discussed preparing for emergencies and knowing what to do when an emergency like a pipe failure occurs. Knowing what to do when there is sudden damage at your association is always the most immediate…
Rank this Week: 1232

California Land Use Blog

California Land Use Blog

Covers land use law for developers, owners and businesses. By Jeffer Mangels Butler & Mitchell LLP.

http://landuselaw.jmbm.com/
Rank this Week: 1458

Real Property & Development Review

Real Property & Development Review

Covers real estate, construction, and land use laws in the Pacific Northwest. By Davis Wright Tremaine, LLP.

http://www.dwtrealpropertyreview.com/
Rank this Week: 1193

Probate Thoughts From The…

Probate Thoughts From The Villages, Florida

Covers wills, probate, asset protection, and real estate. By Ronald Jones.

http://flawyer.us/ProbateThoughts/
  • Feb 10

    Florida does not recognize “No Contest” clauses in wills.

    Florida does not recognize “No Contest” clauses in wills.
    Florida does not recognize “No Contest” clauses in wills. Sometimes people want to put in a “no contest” or “in terrorem” clause in a Florida will. A no contest clause says that if someone who is a…
  • Jan 13

    Planning for a second (or later) marriage

    Planning for a second (or later) marriage
    Very frequently, retirees moving to Florida are either single, or at some point, wind up single, whether through divorce or widowhood. And then they meet someone new. And sometimes the other person is formerly married as well; having been…
  • Jan 9

    Selling the Collection

    Selling the Collection
    A recurring situation in probate is where the parent had some sort of “collection” and the children want to sell the items. A lot of times, the parent would talk about the collection and raise the children’s expectation of…
Rank this Week: 1215

New Jersey Real Estate Attorney…

New Jersey Real Estate Attorney Blog

Published By The Law Office of Michael D. Mirne, LLC.

http://www.newjerseyrealestateattorneyblog.com/
  • Feb 7

    New Jersey Landlord Tenant Law: A Revision for the Collection of Legal Fees by Tenant

    New Jersey Landlord Tenant Law: A Revision for the Collection of Legal Fees by Tenant
    One central principle of the American legal system is that each party generally pays his or her own legal fees. There are, however, exceptions to this rule. One exception exists in cases in which there is a "fee shifting" statute that…
  • Nov 25

    New Jersey Tenant Problem: What to do when a tenant who owes rent claims Constructive Eviction

    New Jersey Tenant Problem: What to do when a tenant who owes rent claims Constructive Eviction
    A few weeks ago, one of our clients encountered a common problem. The problem was that her tenant had attempted to cancel the lease several months before its expiration, claiming that his reason for doing so was that there was mold in the…
  • Oct 4

    New Jersey Rent Control Epidemic Spreads to Neptune Township

    New Jersey Rent Control Epidemic Spreads to Neptune Township
    Our office previously reported on the law concerning New Jersey Rent increases. For landlords in towns that have not instituted rent control, the only requirement is that the landlord must prove that the rent increase being sought is not…
Rank this Week: 1283

New Jersey Eminent Domain Law Blog

New Jersey Eminent Domain Law Blog

This blog is dedicated to informing the general public, as well as attorneys and real estate professionals, about current condemnation and redevelopment procedures and their impact on private property. Published by William J. Ward of Carlin Ward.

http://www.njeminentdomain.com/
  • Jan 14

    If this isn't inverse condemnation, what is?

    If this isn't inverse condemnation, what is?
    In 100 Paterson Realty LLC v. Hoboken, the Appellate Division addressed the standard for determining whether an inverse condemnation has taken place: whether the threat of condemnation has had such a substantial effect as to destroy all…
  • Oct 24

    NJ beachfront owners hold out for eminent domain

    NJ beachfront owners hold out for eminent domain
    One year after Hurricane Sandy made landfall in New Jersey on October 29, 2013, demands by public officials for the voluntary surrender of property are strident. Local mayors and the governor seek the conveyance of beachfront easements…
  • Oct 22

    Probability of zone change in NJ eminent domain case

    Probability of zone change in NJ eminent domain case
    The Supreme Court of New Jersey, in a 3-2 opinion written by Justice Jaynee LaVecchia, reversed and remanded Borough of Saddle River v. 66 East Allendale, LLC, overturning a jury verdict for just compensation in the amount of $5,250,000.…
Rank this Week: 1165

Hawaii Attorney Blog

Hawaii Attorney Blog

Covers Hawaii civil procedure and trial practice, commercial litigation, hawaii real estate litigation, mediation and arbitration, and personal injury. By Philip Brown.

http://legalblog.hawaii-attorney.net/
  • Dec 12

    Philip R. Brown Named One of Hawaii’s Best Lawyers in Honolulu Magazine

    Philip R. Brown Named One of Hawaii’s Best Lawyers in Honolulu Magazine
    Philip R. Brown of the Law Offices of Philip R. Brown has once again been named to Honolulu Magazine’s Annual Best Lawyers in Hawaii.  This is the Fourth consecutive year that Mr. Brown has been listed among Hawaii’s best…
  • Dec 3

    Keep the North Shore Country Files Suit To Halt Expansion Of Turtle Bay Resort

    Keep the North Shore Country Files Suit To Halt Expansion Of Turtle Bay Resort
    On December 2, 2013, firm client Keep the North Shore Country (“KNSC”) filed a lawsuit asking the Circuit Court to require Turtle Bay Resort, LLC (“Turtle Bay”) to properly study the environmental impacts of its…
  • Nov 15

    Pro Hac Vice Admission Of Out Of State Counsel By A Hawaii Attorney-Part 2

    Pro Hac Vice Admission Of Out Of State Counsel By A Hawaii Attorney-Part 2
    As we wrote in our previous blog (found here), the procedure in U.S. District Court pro hac vice admission is different than in Hawaii State Court since, generally, the mainland attorney seeking pro hac vice admission is already admitted to a…
Rank this Week: 1123

Florida Association Law Blog

Florida Association Law Blog

Covers condo and HOA law. By Daniel Wasserstein.

http://floridaassociationlawblog.com/
  • Oct 20

    Knowledge is Power

    Knowledge is Power
    We have all heard the phrase “knowledge is power” but a recent Florida case involving a condominium association suggests that a lack of proper knowledge may prove to be even more powerful! In the process of collecting delinquent…
  • Aug 4

    Legislative Changes when a Board Rearrange

    Legislative Changes when a Board Rearrange
    This legislative session was a busy one as far as condominiums and homeowners associations are concerned.  This article will focus  on new responsibilities impacting the board of directors for homeowners associations. For new…
  • Jun 11

    Speedy Foreclosure Law – A New Way to Avoid Delay

    Speedy Foreclosure Law – A New Way to Avoid Delay
    The average number of days it has taken a lender to foreclose in Florida has been estimated at almost 900 days!  In many of these cases the borrower has defaulted in the lawsuit or has otherwise abandoned the property, so responsibility…
Rank this Week: 1433

Hawaii Land Use Law & Policy

Hawaii Land Use Law & Policy

Commentary and insight on the complex, multifaceted area of land use in Hawaii. By Jesse Souki.

http://hilanduse.blogspot.com/
  • Oct 17

    Top 10 Tips for Getting Through the Land Use Regulatory Proce

    Top 10 Tips for Getting Through the Land Use Regulatory Proce
    Local knowledge - Nothing grabs a community's attention like a construction project in or around their neighborhood.  Be it public utility, roads, schools, houses, or commercial project, people want to know what you're doing, why you're…
  • Oct 10

    There is No "Wizard of Oz" Pulling Levers Behind the Curtain

    There is No "Wizard of Oz" Pulling Levers Behind the Curtain
    My interest was piqued by a recent Hawaii Public Radio piece entitled, Planning Neighborhoods: What? When? Where?  It is part of the larger, ongoing discourse in Hawaii that is now reaching a fevered pitch as Hawaii's economy improves…
  • Sep 20

    Land Use Law Update Presentation to the Hawaii State Congress of Planning Officials 2013

    Land Use Law Update Presentation to the Hawaii State Congress of Planning Officials 2013
    A survey of significant Hawaii land use and planning legislation, judicial opinions, and land use commission activities in 2013. These materials supported a lecture on the impacts these developments in the law will have on project proponents,…
Rank this Week: 1434

Florida Foreclosure Defense…

Florida Foreclosure Defense Lawyers Blog

Covers foreclosure news, alternatives, defenses and scams. By David M. Goldman.

http://www.floridaforeclosuredefenselawyersblog.com/
Rank this Week: 1319

Virginia Real Estate, Land Use…

Virginia Real Estate, Land Use & Construction Law

Covers Virginia real estate, land use, and construction law issues, such as green building and LEED. By Bean Kinney & Korman.

http://www.valanduseconstructionlaw.com/
  • Apr 15

    Rosslyn Sector Plan Update: Step One

    Rosslyn Sector Plan Update: Step One
    Over the past year and a half, Arlington County has been working to update the Rosslyn Sector Plan, which is the guiding planning document for Arlington, Virginia’s downtown neighborhood of Rosslyn. This would be the first major update…
  • Mar 25

    Lorton Landfill Dispute Nearing Board of Supervisors' Review

    Lorton Landfill Dispute Nearing Board of Supervisors' Review
    A multiyear land use battle over the future of the EnviroSolutions, Inc. (ESI) landfill in Lorton, Virginia is set to culminate in the Fairfax Board of Supervisors’ consideration of the proposed extended operation of the landfill until…
  • Mar 25

    Lorton Landfill Dispute Nearing Board of Supervisors' Review

    Lorton Landfill Dispute Nearing Board of Supervisors' Review
    A multiyear land use battle over the future of the EnviroSolutions, Inc. (ESI) landfill in Lorton, Virginia is set to culminate in the Fairfax Board of Supervisors’ consideration of the proposed extended operation of the landfill until…
Rank this Week: 1854

Florida Real Estate Lawyers Blog

Florida Real Estate Lawyers Blog

Covers real state law in Florida. By Jordan Pascale, P.L.

http://www.floridarealestatelawyersblog.com/
  • Apr 15

    Raising Money through Real Estate Syndications – Recent Law Changes to the Rule 506 Exemption

    Raising Money through Real Estate Syndications – Recent Law Changes to the Rule 506 Exemption
    By: Alejandro E. Jordan, Esq. The Jumpstart Our Business Startups Act, known as the Jobs Act, has changed the way to raise money from groups of investors to purchase commercial and investment real estate properties.  Many forget that…
  • Mar 31

    April 2014 Florida Real Estate Case Law Update

    April 2014 Florida Real Estate Case Law Update
    By: Daniel T. Pascale, Esq. Railroad easement extinguished by abandonment.  A railroad right-of-way was consider as an easement and could be terminated by abandonment.  Marvin M. Brandt Revocable Trust v. U.S., 2014 WL 901843,…
  • Mar 17

    Understanding Florida’s Commercial Real Estate Sales Commission Lien Act

    Understanding Florida’s Commercial Real Estate Sales Commission Lien Act
    By: Daniel T. Pascale, Esq. Pursuant to Florida’s Commercial Real Estate Sales Commission Lien Act, a commercial broker has a lien upon the owner’s net proceeds from the sale of commercial real estate for any commission earned by…
Rank this Week: 2191