In California Supreme Court Decision Changes the Transfer Tax World, Pillsbury attorneys Craig Becker, Richard Nielsen, Breann Robowski and Dianne Sweeney discuss the California Supreme Court’s decision in 926 North Armore Avenue, LLC v. County of Los Angeles: Court concludes counties and cities are permitted to impose a documentary transfer tax on entity transfers…
Articles Posted in Real Estate
Foreign Acquisitions of U.S. Real Estate Trigger an Inquiry into the Viability of CFIUS Procedures
In their recent client alert “CFIUS and Real Estate,” colleagues Nancy A. Fischer, Jenny Y. Liu, Matthew R. Rabinowitz examine how an influx of foreign investments in U.S. real estate has led three key U.S. Senators to request a review of how the Committee on Foreign Investment in the United States…
Not for the Taking: In Murr v. Wisconsin, the Supreme Court Rules that Two Lots Be Considered as a Whole
Today, the U.S. Supreme Court held that there was no compensable taking of Petitioners’ property in Murr v. Wisconsin. Petitioners who own two adjacent lots along a waterfront in Wisconsin were not deprived of all economically beneficial use of their property. A formalistic approach to the issue was rejected. Instead…
Blockchains, Smart Contracts and Real Estate
The real estate industry is frequently identified as one of the most likely early adopters of blockchain technology and smart contracts. However, industry participants remain skeptical as to the timing and magnitude of the expected changes. That is understandable given the close association of blockchain technology with bitcoin controversies, other…
The Battle for LA: The Dueling Priorities of Density and Neighborhood Preservation
As Los Angeles continues to struggle with lagging development pace as compared to the national pace of housing creation, communities across the city grapple with the potential implications of permitting increased density. The dueling priorities of providing much-needed housing in one of the nation’s fastest-growing markets and maintaining neighborhood history…
San Francisco Approves Ordinance Expanding Density Bonuses for Affordable Projects
Almost 18 months after it was introduced, the San Francisco Board of Supervisors recently approved Ordinance 150969, which creates development bonuses for private development projects where at least 30% of the units are subject to affordability restrictions. Known as the HOME-SF Program, the legislation allows qualifying projects to exceed otherwise…
Keeping Your Place in Line: Title Insurance Protections for Construction Loan Disbursements
Most construction loans contemplate multiple advances or disbursements of funds at various stages of the construction project. The construction loan agreement will set forth the conditions that the borrower must satisfy to receive each advance of funds. Given that a construction loan concerns an active construction project, there is a risk…
Higher Temperatures, Rising Water Levels and Preparing for a Sea Change in Real Estate
Climatologists predict that sea levels will continue to rise in the coming years and that temperatures will increase, causing the frequency and intensity of hurricane-like storms to grow. These scenarios present challenges for waterfront buildings and residences—both existing and new construction. New properties are still being built along coastal areas.…
Finding the Perfect Parking Space: Getting Creative with Like-Kind Exchanges
I recently wrote here about the use of UPREITs, a form of real estate partnership combined with a real estate investment trust, to create liquidity for high net worth real estate investors while allowing them to defer taxable gains on highly leveraged and appreciated real property. Another tax deferral strategy…
The Estate Planning Conundrum: Maximizing Tax Benefits for Real Estate Investors with Significant Portfolios
There are two reasons why borrowing has become the tax-preferred method of financing a sophisticated real estate investment portfolio. First is the ability to finance improvements with debt, which offers depreciation deductions. Second is the ability to make leveraged distributions through refinancing without paying immediate tax on the proceeds. The…