Real Estate Advisor Law Blog

Real Estate Advisor Law Blog

Category Archives: Development Issues

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Are We There Yet?

Posted in Development Issues, Leasing Issues
            The ubiquitous refrain at any gathering of commercial real estate professionals in the past 24 months can be summed up in a few short questions: Are you busy? Who is lending? No, seriously, who is lending? And — of course — when will this end?             As 2011 kicks into gear the refrain is the same but our… Continue Reading

Contractors, Landlords, and Property Managers Must Take Care to Comply with New Lead Paint Regulations

Posted in Development Issues, Environmental Issues
Pursuant to a new rule passed by the Environmental Protection Agency, all contractors, landlords, and property managers performing or hiring for painting projects that disturb lead-based paint must now become "lead-safe" certified before performing work on houses built before 1978.  The new requirement also applies to weatherization projects, and to schools, day care facilities, or other commercial properties occupied by children. … Continue Reading

Performance and Payment Bond for Public Project Deemed Discretionary

Posted in Construction Related Issues, Development Issues, Litigation Issues
In the much-publicized "Kenwood Towne Place" litigation in Cincinnati, which involves over $40MM in lien claims, presiding Judge Beth Myers issued a Decision and Entry that disposed of subcontractor claims against the Port Authority of Greater Cincinnati (the Public Authority involved with the project).  The Court dismissed the subcontractors’ claims for takings and negligence.  One aspect… Continue Reading

Buy Swampland in Florida? Or, just a Bad Case of Buyer’s Remorse? Discontent with Interstate Land Sales Full Disclosure Act

Posted in Conveyancing, Development Issues, Interstate Land Sales Full Disclosure Act, Legislative Update
     “I have some prime swampland in Florida to sell you” is a slang expression used to poke fun at the gullibility of a person. This saying is based on events of the 1960s and 1970s where local scammers would attempt to induce out of state purchasers to acquire “lucrative” land which, in reality,… Continue Reading


Posted in Development, Development Issues, Legislative Update, Retail Industry Issues
  In 2005 the United States Supreme Court in Kelo v. City of New London upheld the actions of the City of New London, Connecticut (the “City”) in forming a non-profit corporation to redevelop the Fort Trumbull area of the City. In order to capitalize on Pfizer, Inc.’s (“Pfizer”) private development of an adjacent research facility,… Continue Reading

Cuyahoga County Landbank Update

Posted in Development Issues, Finance Issues, Legislative Update, Real Estate Tools
Some time ago in this space I wrote about the prospects for revitalization from the creation of the Cuyahoga County Land Reutilization Corporation, better known as the County Landbank. Since then the Landbank has gotten up and running, or walking perhaps, but has made little progress toward its goal of returning significant amounts of abandoned and… Continue Reading

New Market Means New Legal Issues

Posted in Development Issues, Real Estate Tools
 Thank you to Realtor Magazine: Online   for the wonderful article written by Mariwyn Evans about the new and unique challenges the real estate industry is addressing during the current economic times.  I was fortunate enough to be interviewed by Mariwyn for the article which you can read by following this link.  The article touches on… Continue Reading

No Exclusive Cable Contracts for Apartment and Condominium Projects

Posted in Condominiums, Development Issues, Legislative Update, Property Management Issues
The U.S. Court of Appeals for the District of Columbia recently upheld a 2007 Federal Communications Commission ("FCC") order prohibiting the owner’s of apartment buildings, condominiums and other multi-unit residential properties from entering into exclusive contracts for providing cable T.V. services.  The FCC relied upon Section 628(b) of the Communications Act.  The FCC’s position is… Continue Reading

Mix It Up! Mixed-Use Condominium Developments Can Be Rewarding for Developers

Posted in Condominiums, Development, Development Issues, Mixed Use Development Issues
“Mixed-use” developments, which incorporate residential units with retail or other commercial uses, have steadily gained in popularity over recent years. This is due to the fact that mixed-use developments offer advantages to developers, owners, tenants and residents when compared to traditional single-purpose developments. Many of today’s home buyers are increasingly interested in living within walking distance… Continue Reading

The Next Target Residential Market

Posted in Development Issues
The impact the aging baby boomer class affectionately known as “Boomers” is having on many segments of the economy has been discussed in the media for some time now.  As life expectancy expands the type of home the “Boomer” wants to live in needs to fit their life style and physical demands.  A recent article… Continue Reading

Introduction to China’s Real Estate Ownership System

Posted in Development Issues, International
In the past 20 years or so, China’s real estate market has experienced phenomenal growth. Hundreds of skyscrapers bursted into the sky during the two decades and many more are coming. This dramatically changed the landscape of many cities in China. All these skyscrapers and other real estate developments are built on a unique land ownership system. The system… Continue Reading

Who Knew Being Green Could Be So Easy !

Posted in Development Issues, Environmental Issues, Leasing Issues, Tax Credit Issues
Recently at the January monthly Real Estate Roundtable breakfast sponsored by the University of Cincinnati, I was introduced to a fascinating new concept – the Roof Lease. Featured speaker Mike Phillips, President of Cincinnati based national real estate developer Phillips Edison Company, mentioned that Roof Leases are starting to spring up across the country. The basic concept is… Continue Reading