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HTMLIRS Issues Favorable Private Letter Ruling to Data Center REIT
Daniel R. McKeithen, R. Robinson Plowden, David A. Roby, William E. Sheumaker; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
June 30, 2014, previously published on June 25, 2014
On June 6, 2014, the Internal Revenue Service (IRS) released Private Letter Ruling 201423011 (the PLR), confirming that income from certain data center services can constitute “rents from real property” for purposes of the real estate investment trust (REIT) rules. Although the PLR is...

 

HTMLCalifornia High Speed Rail Authority Gives Thumbs-Up on Fresno-Bakersfield Track
California Eminent Domain Law Group APC;
Legal Alert/Article
June 27, 2014, previously published by California Eminent Domain Law Blog California Eminent Domain Project News
CHSRA approves the next track for the high-speed rail from Fresno to Bakersfield.

 

HTMLIowa Court of Appeals Rejects Argument to Impose Implied Warranty upon Land Developers
Jodie Clark McDougal; Davis, Brown, Koehn, Shors & Roberts, P.C.;
Legal Alert/Article
June 27, 2014, previously published on June 17, 2014
On April 16, 2014, land developers and sellers breathed a sigh of relief after the Iowa Court of Appeals ruled that a purchaser of a residential building lot cannot sue the land developer for perceived deficiencies with the excavation and dirt work performed by that land developer. Rosauer Corp. v....

 

HTMLThe Attorney-Client Privilege: A Primer for Landmen
Andrew LeMieux; Holland Hart LLP;
Legal Alert/Article
June 27, 2014, previously published on June 12, 2014
Your attorney has finally sent you a title opinion advising you that some of your leases may be dead. Management decides to drill anyway. It's a gusher and the lessors sue. Can you prevent the title opinion from being given to the lessors' attorneys? What if you previously gave a copy of the...

 

HTMLKelo, Landmark Eminent Domain Case: The Aftermath
California Eminent Domain Law Group APC;
Legal Alert/Article
June 27, 2014, previously published by California Eminent Domain Law Blog
The aftermath at Fort Trumbull nine years after the United States Supreme Court ruling in Kelo v. City of New London.

 

HTMLBIA Proposes New Indian Land Right-of-Way Rules
Hadassah (Dessa) Reimer; Holland Hart LLP;
Legal Alert/Article
June 27, 2014, previously published on June 23, 2014
On June 17, 2014, the Bureau of Indian Affairs (BIA) published proposed new rules to update and streamline the process for obtaining a BIA right-of-way grant on Indian land. 79 Fed. Reg. 34455 (June 17, 2014). The current regulations were promulgated in 1968 and last updated in 1980. The proposed...

 

HTMLThe Emperor Has No Exhibits
Bernstein Shur;
Legal Alert/Article
June 25, 2014, previously published on June 19, 2014
All of us in the real estate world, regardless of experience or sophistication, have been guilty of ignoring Exhibit A. Like the emperor who believed his invisible cloth clothing could be seen by intelligent people, our unread “invisible” exhibits can leave us exposed.

 

HTMLRetaining Mineral and Other Subsurface Rights? Prior Notice Will Soon Be Required
Miranda F. Fitzgerald, Kathryn Smith; Lowndes, Drosdick, Doster, Kantor & Reed Professional Association;
Legal Alert/Article
June 24, 2014, previously published on May 29, 2014
Governor Scott recently signed into law Chapter 2014-34, Laws of Florida, (effective October 1, 2014) that requires sellers of residential property to provide prospective purchasers with advance written notice when any subsurface rights or rights of entry will be retained. The seller, or an...

 

HTMLYou Received A Code Violation Notice - Now What?
Gary M. Kaleita; Lowndes, Drosdick, Doster, Kantor & Reed Professional Association;
Legal Alert/Article
June 24, 2014, previously published on May 28, 2014
Realtors offering properties for sale sometimes find that a property suffers from code violations that can have a number of adverse consequences. The existence of such violations raises concerns with potential buyers about whether a property has been maintained adequately, whether more...

 

HTMLCalifornia Investment Firm and City Team Up to Erase Mortgages Through Eminent Domain
Nicholas P. Mooney; Spilman Thomas & Battle, PLLC;
Legal Alert/Article
June 23, 2014, previously published on June 18, 2014
If a California investment firm and the City of Richmond, California have their way, the mortgage industry may face a new threat: a plan to use government’s eminent domain power to seize homes where homeowners owe more than their homes are worth. San Francisco-based investment firm Mortgage...

 


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