According to the California Environmental Insider, Governor Brown’s 2014-15 draft budget contains a proposal to allocate almost $800,000 to OEHHA (Office of Environmental Health Hazard Assessment) to revise the Prop 65 regulations and to finance the development of a website to provide detailed information about listed chemicals. Also according to CEI there does not appear… Continue Reading
Category Archives: Real Estate Development
Subscribe to Real Estate Development RSS FeedEPA Publishes Final Environmental Site Assessment Rule Accepting ASTM E1527-13 as Superceding Existing ASTM E1527-05
Posted in Environmental and Land Use, Hazardous Waste, Real Estate Acquisitions and Dispositions, Real Estate DevelopmentAs we discussed in our prior blog the new ASTM standard E1527-13 had been promulgated and that industry was critical of EPA for accepting both standards, despite the fact that E1527-13 was expressly drafted to resolve continuing issues with E1527-05. On December 30, 2013, however, EPA published a final rule finding that ASTM E1527-13, released on… Continue Reading
New ASTM Standards for Due Diligence and Why You Should be Aware of Them
Posted in Due Diligence, Environmental and Land Use, Hazardous Waste, Real Estate Acquisitions and Dispositions, Real Estate Development, Real Estate Litigation, Secured Lending and FinanceWHY YOU NEED TO ENGAGE IN DUE DILIGENCE PRE-ACQUISITION Prior to purchasing or leasing property, it is necessary in most instances to engage in at least a screening environmental review. The purpose of a pre-transaction investigation is two-fold: first, to determine whether there are issues that must be dealt with in the relevant agreement (or… Continue Reading
Preliminary Endangerment Assessment (PEA) Guidance Manual Released in Draft by DTSC
Posted in Due Diligence, Environmental and Land Use, Real Estate DevelopmentThe Department of Toxic Substances Control has released a revised version of its Preliminary Endangerment Assessment (PEA) Guidance Manual. The manual is used to perform an initial evaluation of contaminated property. This is the most recent version since 1999. This version was intended to include information required by the All Appropriate Inquiry (“AAI”) standard included… Continue Reading
New Energy Disclosure Requirements for Non-Residential Buildings
Posted in Leasing, Real Estate DevelopmentMajor deals involving a whole non-residential building will soon require owners and agents to disclose energy use data to a prospective buyer, tenant, or lender before any sale, lease, financing or refinancing of the entire building. How? By using the Environmental Protection Agency’s (EPA) online software, Energy Star Portfolio Manager, energy usage data is collected,… Continue Reading
A win for the Kings, a win for Sacramento, a win for the region
Posted in Real Estate DevelopmentGreat news. As one of the members of the Mayor’s Arena Task Force who pushed for the downtown arena location, I am thrilled that Sacramento is retaining the Kings AND that we will try and locate the arena downtown. The contribution and boost to our local economy and our civic life should be extraordinary. Let’s… Continue Reading
Sacramento Kings and Downtown Development – After the Roar
Posted in Construction, Real Estate DevelopmentOnce all the hoop-la is over, the Sacramento Region needs to plan for one of two contingencies: (1) Seattle wins in OT and the Kings leave or (2) Kings win and stay. What if the Kings leave? Does Sacramento still build an arena downtown? Go for an expansion team? Would the whales stay playing in… Continue Reading
Prevailing Defendants entitled to Attorney’s fees in ADA cases, Jankey v. Lee
Posted in Real Estate Development, Real Estate LitigationCheck out the recent success of Weintraub Tobin’s Labor & Employment group in the California Supreme Court’s decision issued in Jankey v. Lee on December 17, 2012. Lizbeth West, Esq., led the charge with the help of several other Weintraub Tobin attorneys, and filed an amicus brief with the California Supreme Court on behalf of… Continue Reading
CBIA Proposes Tentative Map Extension Bill for 2013
Posted in Real Estate DevelopmentWith the past few years of the economic downturn and the lack of a demand for housing or commercial space, many developers have chosen not to develop their existing projects. However, with signs of positive growth the California Building Industry Association (CBIA) is proposing legislation for 2013 to extend the expiration date of tentative maps. The… Continue Reading
Are you ready for Developer Showcase 2012?
Posted in Real Estate DevelopmentIs Developer Showcase 2012 going to be the biggest party in Sacramento’s real estate industry this year? We think so. We’re looking forward to seeing everyone at tonight’s event. We’ll have another competitive game of Minute To Win It Beer Pong, so don’t forget to come by the Weintraub booth and play a game or two. Our attorneys… Continue Reading
When is a bad act, which triggers recourse on a mortgage loan, a good act for the lender?
Posted in Real Estate Development, Secured Lending and FinanceBorrowers and guarantors often ask mortgage lenders to not seek personal judgments against them and only look to the real property and other collateral for repayment of their loan in case of default. If granted, the loans are commonly called “non-recourse” loans. However, if even a lender grants such non-recourse, it will want certain exceptions… Continue Reading
California Homeowner Bill of Rights Takes Effect January 1, 2013
Posted in Real Estate DevelopmentThis is just a reminder that the California Homeowner Bill of Rights becomes effective January 1, 2013. Signed into law earlier this year, the Bill of Rights contains several significant mortgage and foreclosure reforms for residential property in California including: Required Documentation – Mortgage servicers will be required to fully document for consumers the servicers’… Continue Reading
Changes in Disability Laws; What Commercial Property Owners Need to Know (SB 1186)
Posted in Real Estate Development, UncategorizedGovernor Brown recently approved significant changes to California’s Disabled Access laws. Those changes are summarized on Weintraub’s Labor & Employment blog. As a commercial property owner, you need to modify your leases as of July 1, 2013. You must include in your lease or rental agreement a statement about whether or not the property has undergone… Continue Reading
Real Estate Developers Warning – What do you mean I could be personally liable?
Posted in Real Estate Development, Real Estate LitigationThe tail end of a recent anti-deficiency decision of minor import has HUGE warning signals for principles, employees or agents of real property. Each could be individually and personally liable to lenders even after a foreclosure. How? In Fait v. New Faze Development, the lender to a failed redevelopment project sued both the borrower and… Continue Reading
Tenants’ Treasures Become Landlords’ Nightmare
Posted in Real Estate DevelopmentWith the current economy, many commercial landlords are facing not only the burden of defaulting tenants, but frequently must handle the added mess of disposing of a tenant’s personal property left behind the premises once the tenant vacates or abandons the premises. When a tenant leaves personal property on premises after a tenancy is terminated… Continue Reading
Assingnee of Deed of Trust Need Not Record Assignment Prior to Foreclosure
Posted in Real Estate DevelopmentOrdinarily, one who is assigned the beneficial interest in a debt secured by real property must record evidence of the assignment prior to exercising any power of sale by foreclosure or otherwise. Not so for deeds of trust says the Second District Court of Appeal. In its September 2011 decision in Calvo v. HSBC Bank… Continue Reading
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