Category: Land Use

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Doing It Differently: Portland’s Plan to Redevelop the U.S. Post Office Site and Broadway Corridor

Portland real estate is booming and Portland is now on the map for many national and international developers for the first time. This success, while enviable, is not without some negative consequences, as evidenced by increasing housing costs and congestion. As Portland anticipates the arrival of even more people, it is trying to figure out … Continue Reading

When “Non-Binding” LOIs Become Binding

A letter of intent (“LOI”) is often the first document in a proposed deal – a summary of a range of key terms or concepts for negotiation toward entering into a final, formal agreement. But what seems like a simple document can be much more than a mere list of possible terms to be discussed … Continue Reading

Idaho Reads Force Majeure Clause Broadly as Written

In a ruling supporting common sense, the Idaho Supreme Court ruled that a county could not avoid the application of a broad force majeure clause in its development agreement with a developer based on the county’s denial of the rezoning required for the very development. The key facts in Burns Concrete, Inc. v. Teton County, … Continue Reading

Considerations Before and After the Government Comes Knocking (or Preparing for Condemnation)

The status of infrastructure throughout the United States, and the need to expand and rebuild facilities, is often in the news. Funding these improvements remains a challenge, but when funding is identified, the government often has to acquire private property. If the government and the property owner are unable to reach agreement, the acquisition may … Continue Reading

Owners and Developers: Watch Out for Section 106 of the National Historic Preservation Act

Many development projects have a federal connection — such as a federal permit or grant — that triggers compliance with Section 106 of the National Historic Preservation Act.  Section 106 requires the approving federal agency to assess the impacts of the development on properties that are listed or eligible for listing on the National Register … Continue Reading
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