From time to time over the past several years, I have written in this blog about various issues arising under the takings clause of the U.S. Constitution. Despite the apparent simplicity of this provision, which prohibits the government from taking private property for public use without just compensation, controversies regularly flare up regarding the question of indirect … [Read more...] about A divided Supreme Court changes the rules of regulatory takings disputes
Last November, I wrote a piece here about Opportunity Zones, a feature of the Tax Cuts and Jobs Act geared towards spurring new capital investment in specific low-income areas by providing capital gains deferral, reduction and avoidance for long-term infusions of working capital in these selected regions. In that article, I noted that the IRS had issued proposed regulations … [Read more...] about News and updates on Opportunity Zones
California’s policymakers have long been advocates of sustainability, especially regarding energy and water use, mainly for reasons of necessity. Towards this end, back in 2007, the state’s lawmakers enacted AB 1103, which imposed energy consumption benchmarking obligations for nonresidential buildings. In 2015, due to the difficulties in putting these requirements into effect, … [Read more...] about San Jose’s energy and water use benchmarking program for large commercial and multifamily buildings starts soon
Some time back, I wrote about the City of Palo Alto’s struggles in addressing the amount of commercial development it should allow, in grappling with the ongoing disparity between employment growth and housing in Silicon Valley. Since then, city government has continued to wrestle with this problem, adopting a variety of tactics in its efforts to bridge this gap, including … [Read more...] about Palo Alto reverses course on commercial development cap
Enacted in 1990, the Americans with Disabilities Act (“ADA”) is a landmark paradigm of U.S. civil rights legislation, modeled after the Civil Rights Act of 1964 in order to bar discrimination against and ensure opportunities for people with disabilities. While the goals of this law are unquestionably laudable, however, its implementation in practice has produced mixed results. … [Read more...] about Are we seeing a rash of ADA issues in Silicon Valley?