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|New Authority Concerning Building Within the ETJ|
Alagood Cartwright Burke PC;
April 21, 2015, previously published by Denton Business Chronicle published by the Denton Record ChronicleNew home construction is on the rise in North Texas. When an owner or builder seeks to construct a new home within a town or city in Texas, they are required to first obtain certain permits from the municipality before construction can begin. If the home is to be constructed in an unincorporated...
|Ukrainian Legislative Developments on Real Estate Tax|
Myron B. Rabij; Dentons Canada LLP;
April 21, 2015, previously published on January 13, 2015Pursuant to the changes introduced to the Tax Code of Ukraine by the new Law of Ukraine No. 71-VIII dated 28 December 2014 which entered into force on 1 January 2015, new tax provisions with respect to immovable property tax have been implemented.
|Is Your Landfill or Other Wasting Asset Fairly Assessed?|
Ronald S. Cusano; Schnader Harrison Segal & Lewis LLP;
April 20, 2015, previously published on March 2015Some assets, such as houses, art and collectibles, and investments appreciate in value over time; others, such as landfills, are considered “wasting assets,” as they have a finite life and little or no capital value at the end of that life. In fact, a landfill is more of a liability...
|Executive Order 13690 Requires Federal Agencies to Consider Climate Change in Determining a Higher Flood Elevation and Expanded Flood Hazard Area|
F. Rivers Lelong, Alex P. Prochaska, Robert W. Scheffy, Merri Hope Thompson; Jones Walker LLP;
April 17, 2015, previously published on March 2015Pursuant to EO 13690, the Federal Emergency Management Agency (FEMA) drafted for public comment the Revised Guidelines for Implementing Executive Order 11988, Floodplain Management (“the Guidelines”). The Guidelines maintain the existing eight-step decision-making process currently in...
|Assessor’s Error Correction Authority Limited|
Gregory F. Servodidio; Pullman & Comley, LLC;
April 16, 2015, previously published on Spring 2015An assessor has the right to retroactively reassess a land parcel to correct an error but can she do so when her error was discretionary?
Elliott B. Pollack; Pullman & Comley, LLC;
April 16, 2015, previously published on Spring 2015In the winter edition of Property Tax and Valuation Topics, we wrote about the admissibility of offer evidence in property valuation cases. Offer evidence is information concerning a proposal to purchase or to sell the real property which is the subject of the the winter article was written, there...
|Before You Acquire or Lease That Property, Do You Need a Special Exception or Special Use Permit?|
Jonathan D. Puvak; Gentry Locke Rakes & Moore, LLP;
April 16, 2015, previously published on March 1, 2015As a potential buyer or tenant of real estate, there a number of items that are readily apparent and discernible when you visit a new piece of property or an existing building, such as the location, curb appeal, or price, but the need for a special exception is often overlooked until much later in...
|Don’t Get Left in the Dark: Pre-eviction Noticing Requirements Following Sunset on the Protecting Tenants at Foreclosure Act|
Daniel L. Burkard, Ben Katz, Christopher D. Meyer, Meredith L. Minkus, Kelly E. Waits; Stoler Russell Keener Verona;
April 15, 2015, previously published on March 25, 2015For the past five years, foreclosing lenders have been bound by a federal law that made it much more difficult to evict non-borrower tenants and occupants of the subject property following a foreclosure sale where the lender took title. The Protecting Tenants at Foreclosure Act (the...
|Once a Court Determines that a Lease Clause is Unambiguous, Extrinsic Evidence Cannot Be Admitted to Interpret It|
Edward J. Levin; Gordon Feinblatt LLC;
April 15, 2015, previously published on January 2015In Huggins v. Huggins & Harrison, Inc., No. 1702, Sept. Term 2013 (Md. Ct. Spec. App. Dec. 2, 2014), the Court of Special Appeals held that the key provision in a lease was not susceptible to more than one interpretation, and therefore extrinsic evidence was not admissible to explain the...
|The Same Standards Apply to Terminate a Section 8 Lease or To Evict a Tenant as a Holdover|
Edward J. Levin; Gordon Feinblatt LLC;
April 15, 2015, previously published on January 2015In Grady Mgmt., Inc. v. Epps, 218 Md. App. 712, 98 A.3d 457 (2014), the Court of Special Appeals held that the standard for showing good cause to terminate a lease, effective at the end of the term under the Real Property Article of the Maryland Code (“RP”) §8-402.1, is the same...