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Healthcare Headaches 

During fourth quarter 2011, real estate investment analysts predicted that demand for medical office buildings and healthcare facilities would continue to be strong over the next decade, due in part to high demand for healthcare services. While demand for healthcare

Commercial Calculations 

Rent, operating expenses, tax obligations, and several other economic matters are tied to the square footage of leased premises. Generally speaking, a higher square footage yields higher rent and other payments for the leased premises. Therefore, landlords and tenants often

Use a Lifeline 

Mired in a difficult market, real estate agents, brokers, and property managers are encountering adversarial situations and hostile clients. When deals don’t work out as hoped, buyers and sellers look for someone to blame. Increasingly, they are finding fault with

Gov’t Issues 

You are an investor who has just snapped up a distressed property that includes a lease with the federal government. In the best scenario, you gain a desirable tenant with a long term lease, and the U.S. General Services Administration

Nervous TIC 

For many years I have written articles on the implications if tenant in common interests are determined to be securities. One such concern is whether TIC interests can be employed in tax deferred exchanges. Historically, a taxpayer might have exchanged

Retirement Plan 

Today companies clean up and sell contaminated property more easily than in the past thanks to new technology and a clear understanding of contaminated property remediation. Many developers and local governments now are comfortable acquiring

Bankruptcy for Landlords 

You’re the owner of a commercial real estate property. One of your tenants is experiencing financial difficulty, falls behind in paying its rent, and then files for bankruptcy. The following questions and answers cover what you can and should do

Letters of Intent 

No one wants to waste time and money on a deal that the parties will never complete. A well drafted, nonbinding letter of intent can be a valuable first step in determining whether there is a deal to be made

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

Supreme Court Favors Property Owner Rights in Development Challenge 

In June, the U.S. Supreme Court issued a significant decision concerning inverse condemnation, or regulatory takings, in the case of Palazzolo v. Rhode Island. The ruling states that acquisition of property with notice of a prior regulation restricting its use

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

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

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

Who Pays for the Stigma of Environmental Contamination? 

A national effort to identify and clean up environmental contamination has raised several issues relating to cleanup costs. Recently, a debate has emerged over who is responsible for covering costs when a property loses market value because of its proximity

Understanding Equal-Access Requirements 

When considering requirements relating to accessibility for the disabled, commercial property owners, managers, and developers must keep in mind two separate federal bodies of law the Americans with Disabilities Act and the Fair Housing Act. Although both federal acts address

Closing Counsel 

Today&rsquo s demand for new product in most real estate sectors has convinced a number of commercial real estate professionals to try developing properties either out of the ground or through the renovation of existing buildings. While development and redevelopment

The Write Stuff 

When partnerships sell commercial property, industry professionals must secure the written authorization of all the partners or co owners on both listing and purchase agreements to ensure that contracts are legally binding. If such an action is not possible, brokers

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

Act Accordingly 

Whether we like it or not, the fear of terrorism continues to impact the way Americans live, travel, and work. To help protect U.S. citizens against future attacks, the government currently is modifying and extending specific provisions of the U.S.A.

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

Landlords Must Be Specific if Including Dual-Option Terms in Leases 

Landlords often offer lease options, such as the right of first refusal to purchase the property, to attract tenants in a tight market. Although more advantageous to tenants, rights of first refusal — or tenants' rights to buy properties when

Deal Diagnosis 

During the past decade, hospitals and healthcare providers have been on a building spree. Not only is the quantity of developments growing, but project size is on the rise. Hospitals and healthcare providers often build new because aging facilities cannot

Insurance Companies Tighten Coverage for Mold-Related Damages 

The recent anthrax scare amply illustrates the potentially devastating health risks posed by biological contaminants. It also underscores the reality that remediation of contaminated buildings is costly and disruptive. Terrorism aside, many in the legal and insurance industries herald toxic

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