Blogs

Construction

Newberry Station: Political Contributions vs. Political Realities

Political contributions and developer-politician interaction are facts of life in the development community. And it makes sense too – developers bring many benefits to communities, such as housing, work space, shopping, and contributions to community amenities, while politicians help marshal the project in a manner they believe will benefit constituents. To be sure, there must…

September 11, 2013

Construction

Sansotta v. Town of Nags Head: Localities Cannot Manipulate the Litigation Process to Avoid Taking Claims

On July 25, 2013, the United States Court of Appeals for the Fourth Circuit decided Sansotta v. Town of Nags Head, a case out of North Carolina. Sansotta dealt with the important issue of “ripeness,” which asks whether a case is procedurally appropriate for a court to make its decision.

July 27, 2013

Construction

What the SCOTUS Opinion in Koontz v. St. Johns River Water Management District Means for Virginia Property Owners

Today, the U.S. Supreme Court (“SCOTUS”) issued its opinion in Koontz v. St. Johns River Water Management District, No. 11-1447, slip op., 570 U.S. ___ (2013). Koontz, a victory for the property owner, is an important property rights case affecting the government’s ability to impose monetary conditions on the approval of land use permits.

June 25, 2013

Construction

Upcoming Changes to Parking Space Requirements of the Arlington County Zoning Ordinance

Arlington Commercial Parking Working Group It is no secret Arlington’s workforce is changing how they get to work. In recent years, there has been a shift from single-occupancy vehicle (“SOV”) trips to other transportation modes, such as Metrorail, bicycling, and bus. This has caused developers of commercial site plan projects in Arlington County, especially along…

June 20, 2013

Real Estate

Zoning Ordinance Revisions Affecting Arlington County’s By-Right Outdoor Cafés

Arlington County’s 2013 zoning amendments brought greater clarity and flexibility to the rules governing by-right outdoor cafés. In this Bean, Kinney & Korman article published in the BKK Construction & Land Use Newsletter, Matthew G. Roberts explains that the Arlington County Board approved revisions to the zoning ordinance that formalized many long-standing administrative practices while updating the rules for outdoor dining areas. The article notes that the amendments created a formal…

June 1, 2013

Construction

Lien Rights of Lenders and Landlords – Part II

In Part I of this blog post, we discussed the varied interests of the landlord and the tenant’s lender in the tenant’s personal property located at the premises in the context of a commercial lease. Part II below will discuss suggested compromise solutions and a typical landlord waiver.

March 10, 2013

Construction

Lien Rights of Lenders and Landlords – Part I

Commercial real estate landlords and the lenders for their tenants have competing interests with respect to the tenant’s personal property located at the demised premises. The landlord is looking to secure the tenant’s rental obligations by taking a lien against the tenant’s fixtures, inventory, and equipment located in the space, which may be particularly valuable…

January 29, 2013

Business and Financial Services

Estate Tax Savings and Increased Creditor Protections When You Incorporate LLCS and Limited Partnerships into Your Estate Plan

Limited liability companies and limited partnerships can serve both estate planning and asset protection purposes when structured properly. In this Bean, Kinney & Korman article, the analysis explains that LLCs and LPs may help reduce estate tax exposure by allowing ownership interests to be transferred using valuation discounts tied to lack of control and lack of marketability. The article also notes that these entities can provide stronger creditor protection because assets held inside the…

November 1, 2012

Business and Financial Services

Asset Protection Trusts in Virginia

Virginia’s 2012 adoption of qualified self-settled spendthrift trusts created a new option for residents seeking stronger asset protection planning. In this Bean, Kinney & Korman article published in the BKK Wills, Trusts and Estates Newsletter, Jonathan C. Kinney explains that Virginia law now permits certain irrevocable trusts—commonly referred to as domestic asset protection trusts or qualified self-settled spendthrift trusts—to shield assets from future creditor claims even when the person…

August 1, 2012

Construction

Right to Self-Help in DC, MD, and VA

Self-Help. Ok or Not? “Self-help,” in a leasing context, typically refers to the landlord’s historical remedy of locking out a defaulting tenant and obtaining possession of the premises without going through judicial procedures. Traditionally under the common law, a landlord was subject to few limitations in choosing its remedies against a defaulting tenant, including the…

July 12, 2012