Section 1031 tax-deferred exchanges and their intricacies have been a substantial aspect of my law practice for many years, and are a regular feature in my blog. Given the large number of commercial property transactions in the San Francisco Bay Area involving highly appreciated real estate, it is hardly a surprise that I have spent a significant portion of my legal career … [Read more...] about “Sham” workarounds after failed Section 1031 exchanges may expose qualified intermediaries to penalties under new FTB guidance
In my last blog post, I wrote about AB 1482, the statewide rent control bill adopted by the California legislature, which Governor Gavin Newsom has just signed. Awaiting action by Newsom momentarily is the Housing Crisis Act of 2019 (SB 330), a measure intended to promote California housing construction by suspending certain local limitations on housing construction. While … [Read more...] about Can SB 330, the Housing Crisis Act of 2019, succeed in lowering barriers to residential development in California?
It seems as though I was just writing about California’s critical, protracted shortage of housing a couple of weeks ago. And it also seems that, whenever this problem gets brought up, the debatable response of rent control rises to the surface close behind, as I have noted in this blog for some time now. Here in Silicon Valley, for example, where there has been a longstanding … [Read more...] about AB 1482, California’s statewide rent control bill, passes the state legislature and now awaits action by Governor Newsom
For better or worse, the acute, chronic lack of housing in the Golden State is once again the focus of attention. An analysis published recently by U.C. Berkeley’s Terner Center for Housing Innovation shows that restrictive local zoning has inhibited the development of high-density housing projects in California. This report concludes that, notwithstanding market pressures … [Read more...] about State housing policies conflict with those of Los Altos and other cities as the struggle to solve California’s housing crisis moves to the courts
Several years ago, I had written in this blog about commercial real estate and land use challenges that were surfacing in connection with marijuana-related businesses. One of those posts focused on a March 2016 decision by California’s Fourth District Court of Appeal, which held that the City of Upland’s 2013 adoption of a zoning amendment banning mobile medical marijuana … [Read more...] about California Supreme Court rules that San Diego’s medical marijuana zoning ordinance is a “project” requiring environmental review, marking a clear change in course