In any joint venture formed to acquire real estate, one point that should be addressed early in the process is whether, the extent to which, and how the parties intend to share costs incurred by each party individually in furtherance of the venture...
The Practical Real Estate Lawyer Articles
LIMITS ON CERCLA RECOVERY FOR LEGACY SITES: EMERGING STATUTE OF LIMITATIONS ISSUES
The Comprehensive Environmental Response Compensation and Liability Act (CERCLA)1 imposes strict liability for environmental cleanup costs on several categories of parties, including current owners and operators that had no hand in contaminating...
CONVERSATION WITH A COLLEAGUE: ROBERT H. THOMAS
This article is part of the continuing series of interviews between, published in The Practical Lawyer, Rajiv S. Khanna, principal of The Law Offices of Rajiv Khanna, and leading practitioners across the country, designed to provide personal and...
THE GREENING OF COMMERCIAL REAL ESTATE
GREEN LOAN GUIDELINES Lenders and investors alike have become progressively concerned about climate change and the effect their lending and investment decisions may have on the environment. As such, they are seeking ways to reduce their carbon...
2023 NATIONAL EMINENT DOMAIN UPDATE
PUBLIC USE UNESCO designation enough to support taking In State ex rel. Ohio History Connection v. Moundbuilders Country Club Co., the Ohio Supreme Court held that the taking of the Country Club’s lease for the property served a public use.1 The...
APPLICATION OF THE PENN CENTRAL TEST
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...
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...