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 | Court Muddies the Waters on Federal Shoreline Jurisdiction
Marc R. Bruner, Ella Foley Gannon; Bingham McCutchen LLP; November 5, 2009, previously published on October 29, 2009 In United States v. Milner, the Ninth Circuit ruled that federal jurisdiction under the Rivers & Harbors Act is defined by where the mean high water line would have been had shore-defense structures such as seawalls and levees never been built, while jurisdiction under the Clean Water Act is... |
 | New CRE Loan Workout Rules Provide Relief and Pitfalls
Peter G. Weinstock; Hunton & Williams LLP; November 5, 2009, previously published on November 2009 On October 30, 2009, all of the federal regulatory agencies issued a new policy statement on commercial real estate ("CRE") loan workouts. The policy statement does offer opportunities for financial institutions ("FI") to reduce the amount of charge-offs on CRE loans, return... |
| Applicable Federal Rates and Housing Tax Credit Applicable Percentages for November 2009 Squire, Sanders & Dempsey L.L.P.; November 2, 2009, previously published on October 2009 The US Treasury (Internal Revenue Service) issues a revenue ruling each month with interest rates. The current revenue ruling is Rev. Rul. 2009-35. Highlighted below are the various applicable federal rates and housing tax credit applicable percentages for November 2009 for your reference and use,... |
| The Real Estate Developers Association of Hong Kong Releases New Guidelines on Sales Descriptions of Uncompleted Residential Properties Fun-Kuen Au, Raymond M. W. Wong; JSM {newline}Mayer Brown JSM; October 28, 2009, previously published on October 9, 2009 On 7 October 2009, the Real Estate Developers Association of Hong Kong (REDA) issued a new set of guidelines on the sales descriptions and information in sales brochures and advertisements of uncompleted residential properties (the "Guidelines"). |
| Development Dispatch: Code Violations -- Can Local Government Preclude An Opportunity To Appeal A Fine? James D. Howsley; Miller Nash LLP; October 28, 2009, previously published on October 15, 2009 In Post v. City of Tacoma, the Washington Supreme Court announced today that a code enforcement action is not a land use decision and therefore not subject to Washington's Land Use Petition Act ("LUPA"). The City of Tacoma began fining Paul Post, a local landlord with several downtown... |
| To Pre-Lease or Not to Pre-Lease? China's Supreme Court Issues an Interpretation on the Application of Law in Disputes Arising from Lease Contracts Edward Epstein; Troutman Sanders LLP; October 28, 2009, previously published on October 20, 2009 It has become common practice in China for commercial and industrial premises to be leased before the building has been certified for occupation. This usually happens because the legal procedures for certifying the completion of a building cannot keep up with the high demand for new space in a... |
| Real Estate Development Tools for the "New Normal": Tax Increment Financing Daniel H. Sherman, Jenny A. Lipana; Epstein Becker & Green, P.C.; October 26, 2009, previously published on October 16, 2009 Much has been written in the past two years about the enormous challenges faced by developers of all classes of real estate, from the smallest of residential urban in-fill units to the sprawling resort-anchored master planned community. Diminished demand, exorbitant land costs, and universal... |
| From Distressed to Success: Strategies for Lenders Holding Distressed Planned Community and Condominium Assets Constance Patterson Haywood, M. Maxine Hicks, Jenny A. Lipana; Epstein Becker & Green, P.C.; October 26, 2009, previously published on October 19, 2009 Many developers in New Jersey and other states are now facing difficulties in completing construction of planned communities and condominium projects. As these difficulties mount, some developers are unable to meet mortgage obligations resulting in troubled loans and assets for lenders. The lender... |
| Commercial Trading of Real Estate: Latest Jurisdiction Rupert Klar; Sibeth; October 28, 2009, previously published on Fall 2009 The sale of real estate by individuals or property administrating partnerships is not subject to taxation if the seller has owned the property for at least ten years. One exception of this principle are activities, to be qualified as commercial trade of real estate. Generally, if an individual or... |
| IRS Addresses CMBS Pre-Default Loan Modification Rules...But Will It Help? Hamilton (Scott) Miller; Bingham McCutchen LLP; October 26, 2009, previously published on October 13, 2009 On September 15, 2009, the Internal Revenue Service issued Revenue Procedure 2009-45 ("Revenue Procedure"), in an attempt to address concerns about the tax code-based restrictions on the ability of mortgage borrowers, whose loans have been securitized, to negotiate with their servicers in... |
