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
permitting
Drafting Real Estate Documents With Project Permitting in Mind
By Tim McMahan & Ben Criswell on
Posted in General, Real Estate
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…