California Considering Eminent Domain Amendment

The California legislature is considering a bill that could increase the likelihood condemnees will be reimbursed its litigation expenses. Under the current law, a condemnee can recover litigation expenses, such as attorneys’ and experts’ fees, if a court finds that the condemning agency’s final offer of compensation was unreasonable and that the final demand of the condemnee was reasonable when considering the compensation ultimately awarded. View Full Post
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A Bank Sale of the Subject Property Can Be the Best Indicator of Value for Property Tax Valuation

By | Minnesota Property Tax Review | February 24, 2017
Real estate buyers who purchase property from banks sometimes get the property for a price that seems below market. Assessors frequently dismiss these sales as “bank sales” and therefore irrelevant for property tax valuation. However, these apparent discounts can be the result of actual distress or market influences, rather than because the bank was under duress to sell. View Full Post
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Florida Condo Associations Cannot Waive Year-End Audits for More Than Three Consecutive Years

Downtown Miami Question: Our annual budget is always over $500,000 and requires a year-end audit unless waived by the owners, which I understand cannot be done more than three consecutive years. Is there a penalty and what could happen if the association obtains owner approval to waive the audit for more than three consecutive years? View Full Post
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Governor Vetoes Bill Eliminating Customs Duties in U.S. Virgin Islands

By | Virgin Islands Law Blog | February 24, 2017
U.S. Virgin Islands Governor Kenneth Mapp recently vetoed legislation that would have eliminated customs duties, while at the same time transferring money that would have been collected through a different provision in the proposed bill. The bill, sponsored by Sen. Kurt Vialet, would have mandated the Bureau of Internal Revenue to create and present a report to the legislature with suggestions for appropriate changes to excise taxes upon import within 90 days of the bill’s implementation. View Full Post
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Revolution or Evolution – Protect & Survive

By | Keeping It Real Estate | February 24, 2017
The annual Hogan Lovells CBRE Hotel Conference 2017 The threat from terrorism will continue well into the next decade and every country and major organisation needs a counter-terrorism plan. This was the message from Richard Walton our key note speaker and former commander at New Scotland Yard and Head of the Counter Terrorism Command.  View Full Post
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Can Management Require Emotional Support Animal Medical Verifications to Be Notarized?

By | Fair Housing Defense | February 23, 2017
Can Management Require Emotional Support Animal Medical Verifications to Be Notarized? A Fair Housing Defense reader sent in a question about emotional support animal medical verifications that I want to address. Because our industry has seen such an increase in the number of service and/or emotional support animal reasonable accommodation requests, my reader wanted to know if one way to curb potential abuse of the medical verification process might be to require health care providers to have the verification notarized. View Full Post
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Sale-Leasebacks: Cash Out but Keep Control

Our colleagues Susan Phillips, Stephen Friedberg and Andrew Dean wrote an article recently published on CFO.com.  “Sale-Leasebacks: Cash Out but Keep Control” advises on how to recover capital spent on property acquisition and improvements while continuing to occupy and operate the property. The article has been attached below. View Full Post
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Departing Condominium Board Member Must Relinquish Keys Within Five Days

Departing Condominium Board Member Must Relinquish Keys Within Five Days ThinkstockPhotos-76766997Question: Recently, our association’s president resigned and took a job with our management company at another complex. While our office manager was on vacation this former president was in her office for a few hours. If he resigned doesn’t he have to turn in his key to the office. View Full Post
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Will They or Won’t They? the Conflict Between Two Appellate Court Rulings About the Bert Harris Act

Will They or Won’t They? the Conflict Between Two Appellate Court Rulings About the Bert Harris Act Property Rights Flickr Kax VorpalLast week, I posted video about oral argument heard by the Florida Supreme Court regarding the Bert J. Harris, Jr., Private Property Rights Protection Act, which “provides for relief, or payment of compensation, when a new law, rule, regulation, or ordinance of the state or a political entity in the state, as applied, unfairly affects real property,” as it is put in the statute. View Full Post
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Kean Miller Data Security Alert: W-2 Phishing Scam Returns for Tax Season

By | Louisiana Law Blog | February 22, 2017
Kean Miller Data Security Alert:  W-2 Phishing Scam Returns for Tax Season   The IRS has sent an urgent alert to employers this month that a W-2 phishing scam that many companies fell victim to in 2016 is back in full force for 2017. The IRS warns that this scam is emerging earlier this year and is targeting school districts, tribal organizations, and nonprofits in addition to businesses. View Full Post
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