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This blog focuses on real estate, land use and construction-related topics affecting Virginia and the Washington, D.C. metro area. With topics ranging from contract drafting and negotiation to local and regional land use project updates, the attorneys at Bean, Kinney & Korman provide timely insight and commentary on the issues affecting owners, builders, developers, contractors, subcontractors and other players in the industry. If you are interested in having us cover a specific topic, please let us know.

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Posts from June 2014.

The Washington, D.C. metropolitan area has no shortage of airplanes flying over the region. There is also no shortage of developers and landowners who want to create the region’s landmark buildings and skyscrapers which may fall within flight paths. These developers would rightfully be concerned that the Federal Aviation Administration (FAA) is proposing a change to its One Engine Inoperative (OEI) policy that could affect building height limits. The current proposal would allow the FAA to work with airport owners to define an OEI departure area from the runway.

The construction industry is all too familiar with its perception as a means by which individual and corporate citizens alike may experience economic opportunity. Whether at the federal, state or municipal level, set-aside programs exist to give small, local and other discrete businesses the ability to compete for lucrative construction contracts. Efforts to support local business and increase the employment of residents are important to strengthen local economies. However, it is worthwhile to reevaluate government participation in the contractor selection process to ensure the goals of set-aside programs do not produce unintended results.

In the Washington, D.C. metropolitan area there are a variety of programs that allow for small businesses, local businesses, minority-owned, female-owned, disadvantaged and veteran-owned businesses to participate in construction projects in which states and municipalities are market participants. Among the federal government, D.C. government, and governing bodies in the counties of Prince George’s, Montgomery, Arlington, Alexandria, Fairfax, Prince William and Loudoun, there is a deliberate push to create jobs for residents and local businesses. The benefits are obvious. An increased tax base and productivity builds better communities. But can more be done for the corporate participants?

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 price for approval.  The new law reflects recent cases in the United States Supreme Court, but also affirms a long standing rule against unconstitutional conditions set by the Virginia Supreme Court in the 1970s and 1980s.