On March 13, the Ninth Circuit issued its highly anticipated opinion in HomeAway.com v. City of Santa Monica, upholding the City's ordinance restricting short-term home rentals on popular websites like Airbnb.com. Background In light of the severe housing crisis currently afflicting California, concerns have arisen over the impact of short-term home rentals on the supply of long-term housing ...
No-one enters into a lease of commercial property looking for a fight, but experience has shown it is prudent for the parties to provide for what will happen if a dispute arises. It is common for commercial leases to contain provisions for alternative dispute resolution, by referring any matter to an arbitrator or expert for determination. Such clauses invariably provide that the decision of such arbitrator or expert will be "final and binding on the parties" ...
Many communities in Scotland are all too aware of the problems associated with living next to land or buildings that are lying vacant or derelict, particularlyin urban areaswhere neglected places are often a magnet for anti-social or criminal behaviour,becomingdumping grounds for rubbish,attracting vermin and generally posing a threat to the safety or health of those living or working in the vicinity ...
San Francisco Supervisors Aaron Peskin and Rafael Mandelman introduced the "Housing Preservation and Expansion Reform Act" in December 2018, a proposed law which hopes to limit major renovations and demolitions plus limit the size of newly built or newly altered residential structures. The two sponsors believe the current process results in too many larger units and demolitions, and that there is a connection between the two ...
As of January 20th, 2019, San Francisco no longer requires a minimum number of parking spaces in new structures or new uses. This new law applies Citywide to all zoning districts. Previously, the City eliminated the parking requirement in many zoning districts in order to reduce traffic congestion, encourage alternative forms of transportation, and lower the cost to build housing ...
For a long time in Polish business practice it has been unclear whether clauses in construction work contracts that require one party to notify the other of circumstances being grounds for seeking additional remuneration are effective. Clauses of this kind can be found in contracts concluded according to FIDIC standard forms of contracts produced by the Fédération Internationale des Ingénieurs-Conseils ...
This two-part webinar series explores the top construction court cases from 2018, to provide an understanding of the key developments in construction law and adjudication practiceand how these might affect your construction projects and disputes in 2019. 1. S&T (UK) Limited v Grove Developments [2018] EWCA Civ 2448 Grove employed S&T to design and build a new hotel at Heathrow Airport under a JCT Design and Build Contract ...
The public rights of access on and over land, enshrined in the Land Reform (Scotland) Act 2003, have now been around for almost 14 years. They allow all members of the public a responsible right of access on and across land and inland water throughout the country, often informally referred to as the right to roam. Certain parts of land may be excluded from the rights of access under the Act: restrictions may be allowed, for example, due to planned forestry operations ...
On 14 September 2018 the Ministry of Public Works and Public Housing of the Republic of Indonesia introduced Regulation of the Ministry of Public Works and Public Housing of the Republic of Indonesia Number 23/PRT/M/2018 on the Owners and Occupants’ Association of Multistoried Dwelling Units (“Regulation 23”) ...
This two-part series explores the top construction court cases of2018, providingan understanding of the key developments in construction law and adjudication practiceand how these might affect your construction projects and disputes in 2019. Read or watch the first in the series below: the top five construction cases of2018. 1 ...
The Chicago City Council recently approved a significant amendment to the transit-oriented development provisions of the Zoning Ordinance. Prior to the change, the Chicago Zoning Ordinance, through increases and reductions of certain development standards, allowed for larger, more dense buildings on properties in close proximity to CTA or Metra train stations ...
In case C-323/17 People Over Wind and Peter Sweetman v Coillte, the Court of Justice of the European Union (CJEU) ruled that mitigation measures could not be taken into account at the screening stage of an appropriate assessment. Facts This case focused on proposed works that were necessary to lay a cable connecting a wind farm to the electricity grid and the potential effects that this would have on two special areas of conservation ...
President Trump recently signed the Agriculture Improvement Act of 2018 (also known as the 2018 Farm Bill) and the cannabis industry quickly and widely celebrated passage as clearing the way to sell products containing cannabidiol (better known as CBD). But is it really? As one might expect, this lawyer’s answer is that “it depends.”CBD has become known for its purported health benefits in relation to a wide range of conditions ...
In December of 2018, the California Supreme Court issued its ruling in Dr Leevil, LLC vs Westlake Health Care Ctr, No S241324, 2018 LEXIS 9546 that an owner acquiring title to real property under a power of sale contained in a deed of trust must perfect titlebeforeserving the three-day written notice to quit required by California Code of Civil Procedure section 1161a(b). Westlake Village Property, L.P., owned real property in Thousand Oaks ...
In December of 2018, the U.S. Environmental Protection Agency (EPA) and Army Corps of Engineers (Corps) released their much-anticipated draft proposed rule to re-write the definition of “waters of the United States” (WOTUS) (“2018 Rule”). The definition of WOTUS establishes the scope of agency jurisdiction over waters and wetlands under the Clean Water Act (CWA) ...
Capturing lightning in a bottle: As fast-growing San Francisco concludes its largest rezoning in 10 years, will its novel new urban-planning guidelines for South of Market represent what the city's downtown needs in a fast-moving business, cultural and economic environment? In early December 2018, the San Francisco Board of Supervisors gave final approval of the "Central SOMA Plan," (the Plan) resulting in the largest rezoning of the commercial heart of the city since the renowned Downt
The National Farmers Union, Scotland (NFUS) Joint Venture Hub is designed to act as a match-maker, bringing together enterprising individuals – some of whom have land and some of whom don’t – with a view to pooling their resources to farm together for profit. The Hub can be accessed online via this link. One of the possible vehicles for pursuing a joint venture is by entering into a share farming agreement ...
Last week, State Senator Scott Weiner (D-San Francisco) announced new legislation intended to immediately encourage more residential construction in areas near public transit and job centers. Entitled the More Housing, Opportunity, Mobility, Equity and Stability (More HOMES) Act, SB 50 is essentially version 2.0 of SB 827, a similar housing bill proposed by Senator Weiner that failed in committee earlier this year ...
The Court of Appeal has held that public policy interests do not justify the release of restrictive covenants where a developer deliberately builds houses on land in breach of those covenants. Background Millgate, a property developer, obtained planning permission for, and then built, houses and flats on a development site. Part of the land was subject to a restrictive covenant that prevented residential development. Millgate was aware of the covenant but chose to ignore it ...
The Supreme Court has handed down one of the most anticipated Endangered Species Act (ESA) rulings in recent years. In Weyerhaeuser Co. v. U.S. Fish and Wildlife Serv., the Supreme Court unanimously overruled the Fifth Circuit Court of Appeals, holding that the Fish and Wildlife Service can only designate property that is “habitat” as critical habitat under the ESA ...
As Fast-Growing San Francisco Concludes Its Largest Rezoning in Ten Years, Will Its Novel New Urban Planning Guidelines for South of Market Represent What the City’s Downtown Needs in A Fast-Moving Business, Cultural and Economic Environment? On November 13, 2018, the Board of Supervisors voted to approve the Central SOMA Plan at its first reading. Its final reading and approval, and the Mayor’s signature, is expected in December ...
The loan agreement secured by mortgage is a legal and financial concept that has undoubtedly been a pillar of world economic progress. Hence, the Supreme Court of Justice of Panama in some of its judgments has given it its importance as part of the economic public order ...
“Tax investigation” entails an examination of a taxpayer’s business books, records, and documents as well as his personal documents to ensure that the correct amount of income is reported and tax is calculated as well as paid by the taxpayer ...
The Valuers, Appraisers and Estate Agents (Amendment) Act 2017 “Amendment Act”. The Act amended the Valuers, Appraisers and Estate Agents Act 1981 “Principal Act”. The Amendment Act Prior to coming into force of the Amendment Act, only a registered valuer, appraiser or estate agent duly authorized by the Board of Valuers, Appraisers and Estate Agents (as it was then known) was permitted to undertake property management ...
