Below you will find articles from our legal journals on a variety of pressing legal topics.
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...
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....
You are retained by a client to collect a debt. You first send a demand letter. It is ignored. You then commence a lawsuit. Whether the lawsuit is contested or ignored, you finally end up on that happy day of having entered a judgment against the...
KEY DECISIONS IN PUBLIC USE AND JUST COMPENSATIONPREREQUISITES TO THE TAKING Utah: As long as taking is for the birds, not the environmental plaintiffs, it's a public use In Utah Dep’t of Transp. v. Coalt, Inc., the Utah Supreme Court considered...
There are a number of risks associated with being a commercial landlord, such as the time commitment needed for maintenance and claims arising out of injuries on the property, car damage in the parking lot, dangerous structural conditions, and...
Generally speaking, inverse condemnation is a cause of action against a public entity when a taking of private property has occurred without a formal exercise of the eminent domain power. The proper way to raise that cause of action varies from...
A lien on nothing. That is exactly what a leasehold mortgagee fears it will get when it accepts a ground lease as collateral for a commercial mortgage loan. The lease might terminate prematurely and destroy all of leasehold mortgagee’s collateral,...
The following checklist is meant to act as a guide to various lease terms and provisions specific to farm leases. However, each lease is specific to the parties involved; accordingly, some of the items addressed below may not be relevant to a given...
These Model Insurance Requirements for a Ground Lease (the “Model Insurance Requirements”) consist of an extensive and detailed set of up-to-date insurance requirements suitable for use in a ground lease (a “Lease”). The Model Insurance...