There are many different types of regulatory takings, each with their own unique rules and body of Supreme Court jurisprudence. Although the Supreme Court has articulated different inquiries based on the type of taking, each of the tests “aims to...
The Practical Real Estate Lawyer Articles
GREEN FINANCING AND TAX INCENTIVES FOR THE COMMERCIAL REAL ESTATE INDUSTRY
The application of ESG considerations varies from industry to industry; however, the impacts of climate change particularly affect the real estate industry. The increased frequency and strength of natural disasters not only affects the physical...
ARTIFICIAL INTELLIGENCE IN THE WORKPLACE
The workplace has evolved greatly over the last few decades. With the continuous introduction of technology, the advent of social media, and the transition of the workforce from the baby boomers to subsequent generations of workers, the pace of...
COST OVERRUN PROVISIONS IN REAL ESTATE JOINT VENTURE AGREEMENTS
Real estate investments often involve construction (Project), such as ground-up development, renovation, or tenant improvements, and a heavily negotiated issue in a joint venture relationship is how and to what extent Project cost overruns are...
THE USE OF MASTER LEASES IN COMMERCIAL REAL ESTATE TRANSACTIONS
There is no single legal definition of a “master lease.” Such an arrangement may be used in equipment leasing as well as in the real estate space. A master lease may be an alternative to traditional bank financing or a means of credit support. It...
HYBRID WORK SPAWNS “GREAT DECENTRALIZATION”: A CORRECTION TOWARDS RESILIENCY?
In the aftermath of the pandemic, one thing everyone can agree on is that remote work is here to stay, sending a clear message to employers as they struggle to retain workers and rethink their business models. Most also agree that Covid accelerated...
WETLANDS REGULATIONS
A wetland is an area of land that is either covered by water or saturated with water for at least part of the year. The depth and duration of this seasonal flooding varies. There are various types of wetlands, generally categorized as either...
NON-COMPETE PROVISIONS IN REAL ESTATE JOINT VENTURE AGREEMENTS
A thorny question in any joint venture relationship is to what extent the partners are permitted to freely engage in business outside of the venture that may compete with the venture. On the one hand, certain partners are likely to engage in...
OPERATOR OWNERSHIP AND CONTROL REQUIREMENTS IN REAL ESTATE JOINT VENTURES
One of the more common ways that an institutional investor (Investor) invests in real estate is by teaming up with a local operator or developer (Operator) in a joint venture (Venture) to acquire, and sometimes develop or refurbish, real estate....