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Development
Denial of Variances and Special Permit Upheld
Features

Senate Introduces Measure for ‘Permanent Renewal and Enhancements of Opportunity Zones’
As part of its work on the major budget and tax bill, the Senate has introduced a measure that would offer “permanent renewal and enhancement of opportunity zones.”
Columns & Departments

Co-ops and Condominiums
Evidence Establishes Intent to Create Joint Tenancy
Columns & Departments

Landlord & Tenant Law
Reliance Not Necessary to Establish Fraud Exception to Four-Year Lookback PeriodGuaranty Survives Lease Modification
Features

10 Hidden Values In CRE Organizations and How to Exploit Them
There are many hidden and opaque tenets in management, business models, operations, and financial structures that have inherent value within a CRE company. Managers of CRE firms must know of or at least be cognizant of these values to exploit them and further enhance the worth of their real estate assets and business.
Columns & Departments

Real Property Law
Easement By Prescription Claim Upheld; Easement By Necessity Claim DismissedEasement By Necessity to Obtain Access to Crawl SpaceImplied Easement Based on Pre-Existing UseConstructive Trust Over Half Interest In PropertyAdverse Possession of Beachfront Land
Features

Ninth Circuit Revives CoStar Competitor’s Antitrust Counterclaims
The U.S. Court of Appeals for the Ninth Circuit on June 23 revived a competitor’s antitrust counterclaims against rival real estate data provider CoStar Group Inc.
Features

PA Supreme Court Shifts How Courts Assess Impact of Takings In Eminent Domain Cases
In a decision that could reshape how property rights are valued in Pennsylvania, the Pennsylvania Supreme Court ruled that property owners may receive just compensation for noncontiguous parcels taken by the government — so long as those parcels were functionally unified.
Features

The Substantial Burden Inquiry In RLUIPA Cases Is a Question of Law
Over the last 25 years, since its adoption by Congress in 2000, the Religious Land Use and Institutionalized Persons Act (RLUIPA) has been the subject of much litigation, when religious organization have tried to establish uses otherwise inconsistent with local zoning. Significantly, the issues the courts have dealt with are whether the denial of a religious use at a specific location places a substantial burden on religious observance, or if the denial of such a use in a specific location is a proper exercise of government authority. Further, another question often addressed is whether there are potentially other nearby properties where the religious use might reasonably locate.
Features

Navigating the Shifting Terrain of Tariffs and Costs In Commercial Real Estate
With Q2 well underway, the real estate sector faces a uniquely complex economic landscape. Rather than waiting for clarity, industry leaders are shifting from a reactive to strategic approach — adjusting their financial models, planning timelines and investment strategies to remain competitive in a landscape full of variables. The firms that plan best and adapt to the climate are likely to gain an edge.
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