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...
The Practical Real Estate Lawyer Articles
COMMERCIAL LANDLORDS BEWARE! YOU MAY BE RESPONSIBLE FOR YOUR TENANTS’ INTELLECTUAL PROPERTY INFRINGEMENTS
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...
INVERSE CONDEMNATION: STANDARDS AND BURDENS OF PROOF
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...
CAN A LANDLORD’S BANKRUPTCY DESTROY A LEASE? A THIRD LOOK AT THE QUALITECH CASE
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,...
FARM LEASES: TWELVE IMPORTANT THINGS TO CONSIDER
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...
MODEL INSURANCE REQUIREMENTS FOR A GROUND LEASE
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...
THE FIRST QUARTER OF 2021 IS OVER: WHERE ARE WE IN NEW YORK?
Like every other aspect of life in New York over the past year, real property leasing, lending, and sales have been turned upside-down by the Covid-19 pandemic. Countless tenants and property owners have failed to pay full rent or mortgage...
ATTORNEYS AND APPRAISERS MUST COLLABORATE TO PROTECT THE RIGHT TO JUST COMPENSATION
“‘… [W]hen the court adopts the standards of the market place in making valuations there is no reason why it should close its eyes to how the market place arrives at and applies the standards. …‘, ‘It is difficult to perceive why testimony, which...
DO THE SECURITIES LAWS APPLY TO SMALL REAL ESTATE DEALS?
Two friends identify an attractive commercial real estate investment. They’ll form a limited liability company (LLC) for the investment and both invest. They’ll also raise more capital from friends and family, a great opportunity for all concerned....