Trees are ubiquitous. They are a natural part of our landscape and valued for the beauty they provide (not to mention the environmental benefits) as well as their lumber and economic value. Landowners often value their trees, but when a landowner needs to remove trees for development tensions can arise between the government’s interest in preserving and protecting the environment and the landowner’s inherent property rights ...
The government has published its much-heralded Bill to outlaw the payment of ground rents under long residential leases. Background The payment of ground rents by residential tenants of long leases has become something of a cause celebre, particularly where leases include ground rents that double every five, ten or twenty years making those leases less valuable and potentially unsaleable ...
The draft bill to implement the government’s ground rent changes finally reached the House of Lords in May 2021. This legislation had been long awaited and, largely, the provisions were as expected following the earlier consultations and government announcements and discussions. Despite the fact that legislation is still only in draft, the living sector is already pivoting in many respects to comply with the legislation ...
At the end of 2020, Congress enacted the Consolidated Appropriations Act, 2021, partially in response to the COVID-19 pandemic and resulting economic crisis. While funding the federal government and preventing a government shutdown, the CAA also included several amendments to the bankruptcy code providing much-needed rent relief for commercial tenants. The bankruptcy code generally requires a debtor in bankruptcy to timely pay its rental obligations during the bankruptcy case ...
The Administrative provisions that set forth the guidelines for comprehensive management of waste requiring special management in the hydrocarbons sector (the “Guidelines”) were published in Mexico’s Federal Official Gazette on May 2, 2018 and became effective the following day ...
Across the country, construction projects of every nature are impacted by the COVID-19 pandemic. The situation and governmental response to the pandemic continue to evolve, and owners must keep abreast of these changes to ensure they manage their construction projects appropriately. There are a litany of issues, legal and practical, that owners need to assess when deciding how to manage ongoing projects and those in the pipeline ...
You’ve read the qualifying language before: across the country, construction projects are being impacted by the COVID-19 pandemic. We thought it important to prepare guidelines to assist contractors in navigating the situation from a risk management perspective. The situation is dynamic and will change quickly. A one-size-fits-all solution does not exist, and this global challenge continues to evolve. What works today may not address tomorrow’s needs ...
It is rare for the holding in a single criminal case to have such far-reaching implications that it affects nearly every industry in a particular state. But that is what happened on July 9, 2020, when the United States Supreme Court overturned Jimcy McGirt’s criminal conviction in Oklahoma state court by holding that Oklahoma did not have jurisdiction to prosecute McGirt (a citizen of the Creek tribe) for a crime committed within the boundaries of the Creek Nation ...
Guatemala dawns today with the validity of a law, contained in the Decree 15-2020, extremely harmful for the country, the economy, the industry and legal certainty, and in violation of the Constitution. This law allows for the possibility of not paying certain basic services (water, cable, telephony, power [sic] (electric power) and internet) by the users, and imposes the obligation to public and private supplier companies not to suspend, under any circumstances, their provision ...
In a December 2020 opinion, the United States Civilian Board of Contract Appeals (the “Board”) reviewed and reversed a Federal Highway Administration (“FHWA”) Contracting Officer’s (“CO”) decision to terminate for default Eagle Peak Rock & Paving, Inc.’s thirty-six million dollar contract (the “Contract”) for work on a project in Yellowstone National Park (the “Project”) ...
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" ...
Pressure for change is building in the water sector. The industry is one of the country's largest energy users (it takes a lot of power to move and clean water) and reducing that use is an important step in meeting climate related targets. Concerns about the affordability of charges for some customers are increasing whilst European legislation is driving environmental standards up, protecting our vital resources but demanding ever increasing spending to do it ...
In the past several years, the Consumer Product Safety Commission, the Department of Transportation, the Department of Agriculture, the Food and Drug Administration, and other government bodies have mandated recall of hundreds of products from the market.In some cases, companies have voluntarily recalled products due to their potential for risk of injury ...
H.B. 4270 Passed - March 10, 2018 Signed by Governor - March 27, 2018 Effective - June 8, 2018 The Information Reporting and Payments to Owners bill (H.B. 4270) is a companion bill to the Cotenancy Modernization bill ...
The California Department of Housing and Community Development (HCD) has remained active in enforcing state housing laws through its Accountability and Enforcement unit. Notably, HCD has focused its attention on larger, coastal cities – most recently, the cities of San Diego and San Francisco ...
As part of our series on legal issues arising out of the plummeting commodity prices, this article looks at one distinct factor in the commodity finance equation: hedging. Hedging is usually thought of in terms of cash-settled derivatives offered by lenders as part of a broader financial relationship tied together by a credit agreement and perhaps collateral documents. But many other transactions blend hedging and finance attributes ...
Please note the following press release. This press release is available at our homepage. Heuking advises CitrinSolar on issuing a Green Bond With a team led by Dr. Anne de Boer, LL.M. from the Stuttgart office, Heuking Kühn Lüer Wojtek advised CitrinSolar GmbH on issuing a Green Bond, which was structured in accordance with the ICMA Green Bond Principles 2021, as confirmed by a rating from imug Rating GmbH ...
Please note the following press release. This press release is available at our homepage Roman Ettl-Steger, Salaried Partner based at the Munich office, and an interdisciplinary team from Heuking comprehensively advised a group of entrepreneurs and senior managers, led by family entrepreneur Martin Schoeller, on the structuring of GESI Green Energy Storage Initiative SE (GESI) ...
Please note the following press release. This press release is available at our homepage. Heuking advises Primus Valor group on the acquisition of several properties A Heuking team led by Dr. Sönke Görgens, Partner at the Hamburg office, legally advised Primus Valor group on the acquisition of several properties in Wolfsburg ...
Please note the following press release. This press release is available at our homepage. Heuking advises the City of Frankfurt am Main on leasing LATERAL Towers A team led by Heuking Partner Dr. Frank Baßler advised the City of Frankfurt am Main on legal and tax matters associated with leasing the “Lateral Towers” from CELLS group ...
bitte beachten Sie folgende Pressemeldung. Diese finden Sie auch online auf unserer Website. Heuking advises The Grounds Real Estate Development AG on strategic investment by H.I.G. Realty Partners With a team led by Dr. Thorsten Kuthe, Partner at the Cologne office, and Michael Neises, Partner at the Frankfurt office, Heuking advised The Grounds Real Estate Development AG on a strategic investment by H.I.G. Realty Partners. In an initial step, H.I.G ...
In Martin v. Hamblet, decided November 21, 2012, the West Virginia Supreme Court of Appeals determined that a surface owner may not appeal issuance of a well work permit by the Department of Environmental Protection for a shallow well targeting the Marcellus formation with a horizontal leg into the Marcellus ...
