Northwest Land Matters

Northwest Land Matters

Developments in Energy, Natural Resources & Environmental, Real Estate, and Land Use Law in the Pacific NW

Category Archives: Real Estate

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Van Ness Feldman Launches Hurricane Sandy Resource Center

Posted in Development, Environmental, Municipal, Real Estate
Van Ness Feldman is helping clients navigate the complicated and often lengthy process of disaster recovery in the wake of Hurricane Sandy.   The Center’s purpose is to help affected businesses secure federal resources for rebuilding and to keep clients up-to-date with the latest post-Sandy developments in the areas of energy, environment, project development, real-estate, federal funding and public policy. Click on the… Continue Reading

Federal District Court Denies Request for Preliminary Injunction To Halt The Sale Of Flood Insurance and Floodplain Map Revisions In The Puget Sound

Posted in Development, Environmental, Land Use, Municipal, Real Estate
On April 12, 2012, Judge Martinez, U.S. District Court, Western District of Washington, issued a decision denying the National Wildlife Federation’s request for a preliminary injunction to halt the sale of flood insurance and floodplain map revisions in the Puget Sound stating that the NWF failed to demonstrate likely environmental harm absent the requested injunction.… Continue Reading

GordonDerr Combines Practices with Van Ness Feldman

Posted in Climate Change, Development, Environmental, Land Use, Municipal, Real Estate, Water Law
GordonDerr is excited to announce that the firm is combining with Van Ness Feldman, a nationally and regionally recognized energy, environment, transportation, and natural resources law and public policy firm with offices in Seattle and Washington, DC.  The combined firm will help a broad, national range of clients successfully navigate the next generation of real… Continue Reading

Investco’s Orton Junction: A Development Done Right.

Posted in Development, Growth Management Act, Land Use, Municipal, Real Estate
Development and conservation need not always be at odds.  The Pierce County Council recently approved Orton Junction, “a new model of development that contributes to the economic strength and livability of our cities and breaks the old habit of sprawling across the countryside.” This agreement represents a model solution that provides for services and jobs… Continue Reading

GordonDerr Named Washington’s Top Construction & Real Estate Law Firm

Posted in Development, Land Use, Real Estate
GordonDerr honored as Washington’s top Construction & Real Estate Law Firm in the medium-size firm category, in Super Lawyers National Business Edition 2011 The inaugural issue of Super Lawyers Business Edition features attorneys who are outstanding in their areas of business practice.  Top law firms were chosen based on the number of attorneys within the… Continue Reading

FEMA and NOAA-National Marine Fisheries Service Contemplate Changes to the NFIP Biological Opinion While Local Jurisdictions Proceed with Efforts to Implement the 2008 Biological Opinion

Posted in Development, Environmental, Land Use, Municipal, Real Estate
With the September 23rd implementation “deadline” less than two months away, many of the 122 local jurisdictions participating in the National Flood Insurance Program (NFIP) are moving ahead to take some type of action to respond to the Biological Opinion issued by the NOAA-National Marine Fisheries Service to FEMA Region X.  As many will recall,… Continue Reading

HB 1026: Adverse Possession Victory May Now Adversely Affect Your Wallet

Posted in Real Estate
The Washington State Legislature recently passed HB 1026, which changes provisions relating to adverse possession claims. Effective July 1, 2012, the prevailing party in an adverse possession claim may be required to reimburse the holder of title on record, or a subsequent purchaser, for part or all of any real property taxes and assessments that the… Continue Reading

Foreclosure Fairness Act Passes Giving Hope To Troubled Homeowners

Posted in Real Estate
Last week, Gov. Chris Gregoire signed into law the Foreclosure Fairness Act of 2011, a bill that gives homeowners working with housing counselors or attorneys the right to third-party mediation of foreclosures.  The Act is intended to help homeowners obtain loan modifications necessary to avoid foreclosure.  Washington is the third state to adopt a foreclosure-mediation… Continue Reading

Cottage Communities: Sprawl Dressed In A More Stylish Outfit?

Posted in Development, Growth Management Act, Land Use, Land Use Planning, Real Estate
Cottage communities are gaining popularity across the country for those wanting less space and more convenience without losing access to a yard.   Touted as anti-sprawl and as more sustainable than other forms of single family housing,  Seattle-based architect Ross Chapin has compared cottages to the Mini Cooper: “smart, sensual, well-engineered and reliable.” Successful cottage developments in urban areas… Continue Reading

Co-Tenancy Clauses: Why Landlords and Tenants are Intensifying the Battle Over Such Rights

Posted in Development, Real Estate
A struggling economy has made the issue of co-tenancy clauses in leases more important than ever for both landlords and tenants. With the vacancy rate for strip malls at a national average of 10.9%, the country’s highest level in 20 years, co-tenancy clauses have proven to be a problematic concession for landlords and a valuable… Continue Reading

The SNDA Agreement: Providing Certainty to Commercial Tenants and Lenders in Uncertain Times

Posted in Real Estate
Commercial real estate landlords in Seattle continue to struggle.  On October 26, 2010, Eric Pryne of the Seattle Times reported that The Blume Co.’s mostly vacant office building at 1100 Eastlake faces foreclosure.  And the forecast for commercial landlords remains gloomy— for example, see the press speculation about whether the owner of several major local… Continue Reading

Lease Saved By the Court

Posted in Real Estate
A recent Washington Court of Appeals case provides a useful warning about missing some of the formalities required for a valid lease in Washington, but also shows a court willing to step in to save a defective lease, recognizing the potential unfairness in letting a party walk away from what everyone intended to be a binding… Continue Reading