News & Analysis as of

Property Owners Construction Project State and Local Government

Winstead PC

Understanding Infrastructure Development Districts in Tennessee

Winstead PC on

Infrastructure Development Districts (IDDs) are a pivotal tool for managing growth and development in Tennessee. As Tennessee’s population grows, the need for efficient infrastructure becomes paramount. ...more

Snell & Wilmer

Arizona Supreme Court Expands Landowners’ Rights to Recover Severance Damages in Eminent Domain Cases

Snell & Wilmer on

In State of Arizona v. Foothills Reserve Master Owners Association, Inc., the Arizona Supreme Court ruled that severance damages are available to landowners when their appurtenant easements are condemned, even if their...more

Venable LLP

The Shifting Landscape of "Green Building" in Virginia

Venable LLP on

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

Ballard Spahr LLP

New Inclusionary Housing Mandates for Baltimore City

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Summary - The Baltimore City Council has passed a new inclusionary housing law which will require most new multifamily, market-rate projects to make at least 10% of their units available to households with limited incomes,...more

Schwabe, Williamson & Wyatt PC

Use of Development Agreements to Facilitate Complex Development

A development agreement is a voluntary contract between a property owner and a local government to establish the rules that will direct the development, use, and mitigation of a specific property. The intent of Washington’s...more

Spilman Thomas & Battle, PLLC

The Site Report - Construction Law Insights, Issue 3, April 2023

What Employers Can Do When a Union Knocks on Their Door - When a union knocks on an employer's door, it can be a shock and awe experience for the unprepared employer. It is important for employers to understand their...more

Cole Schotz

Clarifying Section 881: New York State may Soon Provide more Guidance on Neighbor Access Agreements

Cole Schotz on

When performing work on your property, there is often a need to access a neighbor’s property. This is nothing new. However, under the current scheme, there is no framework for whether that access is obtained through a...more

Sheppard Mullin Richter & Hampton LLP

As Deadline for Housing Element Certification Passes, “Builder’s Remedy” and AB 1398 Remedies Loom for Noncompliant Bay Area...

As of January 31st, the deadline for many Bay Area cities and counties to adopt legally compliant Housing Elements now has passed, and many jurisdictions remain without certifications from the California Department of Housing...more

Perkins Coie

Subway Construction Work Did Not Inversely Condemn Hotel Property

Perkins Coie on

A hotel owner brought a lawsuit against a county transportation authority and a general contractor for nuisance and inverse condemnation alleging that the construction of an underground subway line disrupted the operation of...more

Bradley Arant Boult Cummings LLP

Want to File a Mechanics’ Lien in California? Here’s What You Can (and Can’t) Include

How can a contractor, subcontractor, or supplier secure payment for its work? One solution is to file a mechanics’ lien against a project’s property. Lien laws vary widely from state to state and time to time because...more

Woods Rogers

New Bat Rules May Affect Future Construction Projects, including New VDOT Tree Removal Limits

Woods Rogers on

Contractors and owners with projects that may affect forested areas after December of 2022 may face more restrictive prohibitions against tree removal under a proposed rule that would list the northern long-eared bat as an...more

Sheppard Mullin Richter & Hampton LLP

City of Los Angeles Developer Contribution Ban Goes Into Effect

On December 4, 2019, the Los Angeles City Council adopted Ordinance No. 186477 which prohibits a “restricted developer” or “principal” from making contributions to the Mayor, City Attorney, City Councilmember, a candidate...more

Bradley Arant Boult Cummings LLP

Out with Lonergan, In with Spearin: Texas Legislature Provides Contractors with Limited Protection for Defective Plans and Designs

As of September 1, 2021, in a change to Texas caselaw that had been in place for over a century, Texas contractors now have protection in certain circumstances from liability for defective plans and specifications provided to...more

Farrell Fritz, P.C.

Appellate Division Rejects Neighbor Attempt to Add Variances to Scope of Property Owner’s ZBA Application.

Farrell Fritz, P.C. on

Absent local legislation to the contrary, town and village zoning boards act solely as appellate bodies authorized to hear and decide appeals taken from decisions by local zoning enforcement officials (ZEOs) (see Town Law §...more

Farrell Fritz, P.C.

Third Department Decides Novel Question of Law Relating to Zone Change Protest Petitions Under Town Law § 265

Farrell Fritz, P.C. on

When landowners oppose a project that involves the rezoning of a neighboring property, they almost always have the opportunity to air their grievances through a public hearing process. If the rezoning is approved over their...more

Cozen O'Connor

Expanded Façade Inspection Requirements

Cozen O'Connor on

Effective February 20, 2020, the New York City Department of Buildings (DOB) expanded the requirements of its Façade Inspection and Safety Program (FISP), known previously as Local Law 11. Cooperative and Condominium Boards...more

Robinson+Cole Construction Law Zone

NYC Amends its Façade Inspection and Safety Program to Push Building Owners into Action

In the wake of the tragic death of architect Tishman in December 2020 who was killed by falling debris from a brick tower in Midtown, the New York Department of Buildings (DOB) amended its rules governing exterior wall...more

Pierce Atwood LLP

City of Portland to Rewrite its Land Use Ordinances

Pierce Atwood LLP on

For the first time in over 50 years, the City of Portland is rewriting its Land Use Code, which is found in Chapter 14 of the City’s Code of Ordinances. The effort involves several substantive policy changes aimed at making...more

Farrell Fritz, P.C.

Walls and Fences Are Not The Same

Farrell Fritz, P.C. on

This blog post is about walls and fences (but probably not the ones you may be thinking about). The walls of concern to this blog post are located in the Town of Geneva, in a part of the state known as the Finger Lakes...more

Farrell Fritz, P.C.

Supreme Court, Suffolk County Upholds ZBA Determination Authorizing a Change In Nonconforming Use

Farrell Fritz, P.C. on

The Supreme Court, Suffolk County recently upheld a determination of the Southampton Town Zoning Board of Appeals (“ZBA”) perhaps ending a lengthy and controversial review of the development of a day camp on residentially...more

Nossaman LLP

Crafting Settlement Agreements in Eminent Domain

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Like the vast majority of general civil litigation, eminent domain matters usually settle before going to trial. The resolution is typically documented in either a stipulated judgment or a settlement agreement. ...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

Bricker Graydon LLP

The basics of acquiring property through eminent domain in Ohio

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Public entities are often faced with the challenging issue of acquiring property for construction projects. Acquiring property can be a lengthy process depending on property owners’ disposition with regard to selling...more

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