As wildfires grow more frequent and severe across California, Oregon, and Washington, homeowners and businesses face mounting challenges in securing and maintaining property insurance. The Los Angeles wildfires alone have resulted in tragic losses—28 lives, thousands of homes destroyed, and billions in economic damage. In the aftermath, many policyholders are discovering that their insurance coverage
Real Estate
Upcoming Event: Bisnow’s Portland State of the Market
On January 22, 2025, join me in Seattle, WA, for Bisnow’s Seattle 2025 CEO Market Kickoff. Stoel Rives is a proud sponsor of the event, which will focus on the commercial real estate market outlook for the year ahead, including strategies for creative development, investment approaches, and navigating economic shifts.
I’ll be serving as the…
Negotiating Insurance Provisions for Commercial Landlords
Key Insurance Considerations for Commercial Landlords
Commercial landlords often focus on terms like rent and renewals when negotiating leases, but overlooking insurance provisions can expose them to significant risks. Insurance clauses safeguard property and financial interests, making them critical elements of any lease.
Key Considerations for Landlords:
- Repair Responsibilities: Clearly define whether tenants or
California Expands Residential Tenant Protections to Certain Small Commercial Tenants
California has passed Senate Bill No. 1103, which extends specific protections traditionally reserved for residential tenants to “qualified commercial tenants.” Starting January 1, 2025, small businesses, nonprofits, and microenterprises that meet specific criteria will gain additional rights under the law, including limits on operating cost allocations and required notice periods for rent increases and…
What Landlords Should Know When Restaurant Tenants Go Under
The article by Patrick Abell and Andrew Solomon provides guidance for landlords dealing with restaurant tenants who have gone out of business. It emphasizes the need for landlords to quickly regain control of the premises, either through a negotiated surrender of the space or formal eviction. Landlords should then promptly seek to re-let the space…
Upcoming Event: Bisnow’s Portland State of the Market
On September 12, 2024, join me at the Hyatt Regency Portland for Bisnow’s Portland State of the Market. Stoel Rives is a proud sponsor of the event, which will focus on Portland’s development outlook, including how companies are driving projects to completion, as well as real-estate issues related to living and working in downtown…
United States Supreme Court Lifts Restrictions on Public Camping Laws in the Ninth Circuit
Policymakers have several tools for addressing the rising issue of homelessness in their communities. In City of Grants Pass, Oregon v. Johnson, No. 23-175603 (June 28, 2024), the U.S. Supreme Court (“Court”) had its first opportunity to address whether one of these tools, generally applicable laws that restrict camping on public property, constitutes “cruel and unusual punishment” in violation of the U.S. Constitution’s Eighth Amendment.
The City of Grants Pass, Oregon (“City”) passed an ordinance prohibiting “camping” on “any sidewalk, street, alley, lane, public right of way, park, bench, or any other publicly-owned property or under any bridge or viaduct” (the “Ordinance”). Dissent of J. Sotomayor at 8 (citing Grants Pass, Ore. Municipal Code §5.61.030 (2024)). The City’s code defines “camp-site” as “any place where bedding, sleeping bag, or other material used for bedding purposes, or any stove or fire is placed, established, or maintained for the purposes of maintaining a temporary place to live.” Id. (citing Grants Pass, Ore. Municipal Code §5.61.010(B) (2024)). Fines for violating the Ordinance start at $295 and could result in criminal trespass if repeated.
The United States Supreme Court Determines There Is No Distinction Between Legislative and Administrative Takings
In a typical permitting process, the local government may place certain conditions on issuing a building permit to further a legitimate public purpose. While the local government has “substantial authority to regulate land use,” its regulation cannot violate the U.S. Constitution’s Fifth Amendment. The Fifth Amendment, in relevant part, states “nor shall private property be…
Drafting Real Estate Documents With Project Permitting in Mind
In the world of real estate development, parties creating and negotiating real property documents—leases, easements, or purchase agreements—must exercise a great deal of care to ensure that the documents perform exactly their intended function at the time they are operative. Careful drafting can serve another end—to anticipate the developer’s future engagement with the relevant permitting…
New Limitations on Commercial Leases Within the City of Seattle
[1/2/2025 UPDATE] Since the date this article was originally posted, the City has issued the summary document, which can be found here.
On December 12, 2023, Seattle’s former City Council passed Ordinance 126982 in an effort to increase commercial rent affordability for small businesses. The Ordinance, returned unsigned by the Mayor, became law on…