Viability assessments for affordable housing have long been a source of frustration for developers. This difficult element of the planning phase is often the cause for delays in getting a development to the point where works can start. There is hope on the horizon in respect of one aspect at least however: a recent ruling should … Continue Reading
Welcome to 2017 and the first posting of the New Year on realestatelegalupdate.com. In a Law360.com article published on January 2nd titled “California Real Estate Legislation and Regs to Watch in 2017,” Andrew McIntyre of Law360 addresses the challenges facing the California real estate market in the new year. Simon Adams of Reed Smith is quoted extensively in … Continue Reading
Following on from our posting about the removal of the exemption of small scale developments from affordable housing contributions, please note that the Court of Appeal reversed the High Court’s decision. The Court of Appeal has given legal effect to the Government’s intended policy and that now means that: contributions should not be sought from … Continue Reading
Welcome news for developers of small sites. Following the government’s successful appeal last week against the decision in the West Berkshire Council and Reading Borough Council case nearly a year ago (click here to go to our previous posting), the National Planning Practice Guidance will be amended again. It is expected to reintroduce the relevant … Continue Reading
The Pittsburgh Penguins have finalized a groundbreaking agreement with local community groups after years of negotiations involving the development of the 28 acre site where the former Civic Arena once stood. The agreement provides for, among other things, the inclusion of minority participation in the development of the 28 acres and a percentage of affordable … Continue Reading
This second blog post of the two-part series features just a few of the tools of inclusionary eminent domain that can be retrofitted for purposes of constructing or preserving affordable housing on land condemned for economic development, or new development projects generally. The tools are interrelated and have the ability to operate in tandem to … Continue Reading
This first part of a two-part blog series explores a new concept, “inclusionary eminent domain,” that has emerged in real estate development. The concept serves to temper and reconcile the interests of various stakeholders involved in eminent domain takings for economic development. The concept has evolved in response to the 2005 landmark United States Supreme … Continue Reading
