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Editor’s note: In July 2012, the federal government moved to seize commercially leased property located in San Jose, CA, because it was being used by a medical-€“marijuana-producing tenant operating in compliance with California law. The federal government did not recognize as valid California’s authorization of medical marijuana sales, as it still has on the books its own legislation listing marijuana as a schedule-I drug — the most dangerous kind. The Government brought a civil in-rem forfeiture action pursuant to 21 U.S.C. § 881(a)(7), which authorizes the Government, in the case of property that is being used to violate the federal Controlled Substances Act, to seize such “real property, including any right, title, and interest (including any leasehold interest) in the whole of any lot or tract of land and any appurtenances or improvements, which is used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of, a violation of this subchapter punishable by more than one year’s imprisonment.”
By Marisa L. Byram and Wheeler Frost
Assignment provisions in a commercial lease often boil down to the following seemingly simple, but more often than not complex, standard: that the lease may only be assigned or the premises subleased with the landlord’s consent, not to be unreasonably withheld. The following examples of case law illustrate how courts have construed this provision under various circumstances.
By David Kupetz and Asa Hami
Store closing or liquidation sales are a routine part of Chapter 11 cases involving retail debtors. These sales are consistently authorized by bankruptcy courts, despite lease provisions purporting to forbid them.
Phil Jelsma, a partner and chair of the tax practice team at a San Diego-based commercial real estate law firm talks about the changes to carried interest, how this will impact commercial real estate investment and what investors should do now to comply.
Insurance Lapse Deemed Not Curable
Uncertain Method for Determining Future Rent Dooms Renewal Rights