- Ruling Raises Issues About Who Pays CERCLA Cleanup Costs
-
Congress enacted the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to make those who created environmentally impacted properties responsible for cleaning them up. In particular, CERCLA allows current property owners to recover full or partial cleanup costs from
- Reexamine Leases in Light of Heightened Security Concerns
-
The criteria for leasing suitable office space used to be straightforward and well understood location, location, location. However, concerns raised by last year's terrorist attacks may affect numerous aspects of the leasing process. Allocations of risk and responsibility between landlords
- Taking Issue with Taking by Regulation
-
The story is familiar to property owners and legal practitioners In 1990, John and Florence Dolan attempted to obtain approval from the city of Tigard, Oregon, to replace their existing plumbing and electrical supply store in downtown Tigard with a
- Retro Rejection
-
When tenants file for Chapter 11 bankruptcy both landlords' and tenants' rights and responsibilities come under the purview of the U.S. Bankruptcy Code. Landlords cannot evict tenants in bankruptcy absent relief from the automatic stay, and tenants must continue to
- States Speak Out on Free Speech in Malls
-
Across the country, courts have weighed the right of free speech against private property rights with differing results. While the majority view says that speech is not protected on private property, some courts have held that free speech exercised in
- U.S. Supreme Court Takes Another Look at Regulatory Takings
-
The landmark 1994 U.S. Supreme Court decision of Dolan v. City of Tigard established the "rough proportionality" test for determining whether government regulation of land is so intrusive as to constitute a taking for which compensation must be made. In
- Transfer Request
-
Bundle of sticks is the idiom commonly used to describe the rights that constitute fee simple property ownership. The common law right to receive compensation for injury to real property can be the most important “stick” within that bundle. It
- Clear the Air
-
From asbestos to lead based paint, environmental problems and their associated risks always have been a concern in the commercial real estate industry. Today, property owners and investors can add vapor intrusion to that list of worries. An indoor air
- Interpreting the Rules
-
Since the U.S. Supreme Court's decision on Kelo v. City of New London, which permitted a local government to use the power of eminent domain to take private property for economic development, at least 47 states have revisited their eminent
- A Good Clause
-
With almost daily reports of either blizzards in the Midwest, tornadoes in the mid Atlantic states, fires in California, or hurricanes in Florida, it's no surprise that the once benign and sometimes ignored clauses addressing "acts of God" are now
- Hidden Hazards
-
Rising gas prices and a highly competitive market have closed more than 3,000 of the nation&rsquo s 164,292 gas stations in the last year, the biggest drop in five years, according to National Petroleum News. In June, ExxonMobil announced it
- Litigation Alternatives
-
As business litigation costs and length increase, more commercial real estate companies are turning to alternative dispute resolution to solve disagreements with partners, suppliers, customers, and other professionals with whom they have contractual relationships. ADR offers parties the ability to
- Preserving Property
-
Transfer of development rights programs allow property owners to buy and sell development rights without actually exchanging any land. The basic TDR concept is to compensate landowners who give up potential development rights in environmentally sensitive areas or preservation districts
- Prevention Plan
-
Asbestos litigation poses legitimate challenges and potential economic hardship for commercial real estate property owners. Overall, both prospective and current property owners need to be aware of and guard themselves against asbestos related risks associated with acquiring or owning a
- No Uncertain Terms
-
What does it mean to vacate the premises in commercial leases? The denotation can be critical, particularly in cases where vacating the premises triggers a default. Last August, the District of Columbia Court of Appeals was called on to
- Changing the Code
-
On April 20, 2005, President Bush signed into law the Bankruptcy Abuse, Prevention, and Consumer Protection Act of 2005. While the act primarily reforms the bankruptcy laws affecting consumer cases, it also contains a number of amendments applicable to business
- Domain Disputes
-
Eminent domain issues affect residents and businesses in many communities where the law permits the local government to take private property for public use real estate developments or public purposes. While state laws vary greatly, the U.S. Supreme Court recently
- Condemnation Concerns
-
For retail tenants, location is perhaps the most important factor for success. However, even the best location quickly can turn bad in the wake of condemnation or modification of access to the property. Despite the upfront investment made in securing
- Duty Bound
-
What kind of duty does a real estate broker owe his client? Honesty ? and full disclosure ? is the best policy it is better to err on the side of caution than for brokers to potentially breach their duty
- Copy Right
-
In a time of high costs, credit uncertainty, and a desire by some developers to either reuse past architectural plans or use other developers&rsquo designs to save money, a question arises about whether builders can utilize plans created by architects
- Obtaining Permission
-
When commercial real estate projects affect streams, wetlands, or other bodies of water that fall under the Clean Water Act's jurisdiction, generally developers cannot discharge dredged or fill material into the waters until they obtain a CWA Section 404 permit
- More States Favor Mutually Dependent Covenants Rule in Commercial Leases
-
In most states, commercial property leases adhere to the independent covenants rule, whereby landlords' and tenants' obligations are independent of one another. Thus, a tenant is expected to pay rent even if the landlord fails to uphold some of its
- Pay Attention to Specific Lease Terms to Avoid Litigation
-
Although they are among the most common legal documents in commercial real estate, leases often are items of contention due to misunderstanding of terms or unspecific wording. As the following cases illustrate, landlords and tenants must pay close attention to
- Recent Court Decisions Help Real Estate Pros Avoid Litigation
-
At the end of the year, it is helpful to revisit legal issues concerning commercial real estate by reviewing new court decisions that further the debate on these topics. Both of the examples cited here continue themes discussed in earlier
- Protecting Possession
-
Subtenants that do not employ mechanisms to protect their interests could face devastating consequences if a sublandlord files for bankruptcy protection. In such situations, bankruptcy law can operate to terminate subtenants' rights to possession. In a California case on this