Blogs

Construction

New Tools in the Zoning Game

As of July 1, 2014, Virginia landowners will have a new tool to use in the zoning game. On April 6, 2014, Governor McAuliffe signed SB 578 into law. The bill provides a damages remedy for applicants seeking zoning or subdivision approvals and who are faced with accepting the imposition of unconstitutional conditions as the…

June 3, 2014

Construction

Rosslyn Sector Plan Update: Step One

Over the past year and a half, Arlington County has been working to update the Rosslyn Sector Plan, which is the guiding planning document for Arlington, Virginia’s downtown neighborhood of Rosslyn. This would be the first major update to the Rosslyn Sector Plan since 1992, although small area updates were approved by the Arlington County…

April 15, 2014

Construction

Developing Projects in a Changing Climate

More than one landowner has been disappointed to find out they cannot develop their property how they would like. This disappointment can be compounded if the landowner bought a property based on its zoning potential, but the locality then rezoned the property to remove the use, essentially pulling the rug out from under them. Luckily,…

March 12, 2014

Construction

The Evolution of Deal-Making in the Construction Industry

Ask anyone who has several years of experience in construction if they ever engaged in a handshake deal and the answer will be a resounding “yes.” For those unfamiliar with the term, a handshake deal is essentially a verbal commitment that is sealed with a handshake between the contracting parties. Handshake deals were not just…

March 7, 2014

Land Use & Zoning

Lorton Landfill Dispute Nearing Board of Supervisors’ Review

A long-running land use dispute in Fairfax County over the future of the EnviroSolutions landfill in Lorton is approaching a critical decision point as the Board of Supervisors prepares to evaluate a proposal to extend operations through 2040. This Bean, Kinney & Korman article outlines how the application for a special exception amendment and related approvals has triggered significant community opposition, particularly in light of earlier expectations that the landfill would close and be…

March 4, 2014

Construction

Acceleration of Rents Part 2: Drafting Reasonable Provisions

Part one of this series explained acceleration of rent provisions and how various courts around the country have scrutinized these provisions and taken varying positions on their enforceability and validity. Part two of this series, below, will discuss how landlords can include enforceable acceleration of rent provisions in their rental agreements. After first taking into…

January 31, 2014

Construction

Collecting Cash Proffers for Residential Development

During the course of rezoning a property, it is common for property owners to offer incentives to a locality to grant the rezoning request. Such incentives often take the form of proffers, which are voluntary conditions the landowner agrees to follow as part of obtaining the re-zoning classification. A landowner might proffer that they will…

January 22, 2014

Construction

Acceleration of Rents Part 1: Is it Enforceable?

Part one of this series will explain acceleration of rent provisions and how various courts around the country have scrutinized these provisions and taken varying positions on their enforceability. Part two of this series will discuss how landlords can include enforceable acceleration of rent provisions in their commercial real estate leases. What is an Acceleration…

January 21, 2014

Construction

Searching for the Escape Hatch: The Variance

Although it is a familiar term in the zoning lexicon, the variance is one of the least understood devices in the zoning toolbox. Known to dirt lawyers as the “escape hatch,” the variance gives relief to property owners from zoning requirements where the strict application of the zoning ordinance would be unconstitutional as to a…

January 16, 2014

Construction

A Tenant’s Right to Offset. Proceed with Caution: Part 2

Part one of this series explained a landlord’s obligations under commercial lease agreements and the remedies available for a commercial tenant should a landlord default. Part two of this series will explain how and when to include offset provisions in a lease. As mentioned above, landlords will strongly resist including an offset provision in the…

January 13, 2014