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On Wednesday, June 5, 2013, the Department of Interior’s Bureau of Ocean Energy Management (“BOEM”) issued the Final Sale Notice for the sale of commercial wind energy leases on the Outer Continental Shelf. The auction is scheduled to...

In most cases, filing a financing statement will protect the lessor/secured party from other secured parties. However, one type of transaction has bedeviled the courts for many years--the secured transaction disguised as a lease. Professor examines whether...

This free download is an excerpt from Texas Wind Law, the first comprehensive treatise on the laws of wind energy now available for presales. Wind law is a burgeoning area of energy law as the U.S., and especially Texas, tries to diversify sources of...

Citizens for East Shore Parks, et al. v. California State Lands Commission (Chevron U.S.A, et al., real party in interest) , No. A129896 (Cal. Ct. App. 1st Dist., December 30, 2011, modified on denial of rehearing No. A129896M, Jan. 27, 2012.) . By...

By Richard D. Vetstein, ESQ Under the new Massachusetts Domestic Violence Act recently signed into law, victims of sexual assault and stalking have the right to break their leases without significant financial penalty, have the landlord change their...

In my previous post, I discussed some ideas for drafting a lease to make sure that the tenant owns the farm data created during the lease. Another scenario arises when the landlord wants control of the farm data generated by the tenant. This might be...

Apparently, the automobile industry is doing very well here on Long Island, New York. In any event, there is an increasing inventory of new cars being delivered to dealers who cannot sell them fast enough to consumers. Accordingly, several of our landowner...

In this Analysis, William M. Hensley discusses recent unpublished California Court of Appeal cases dealing with commercial and residential leases. Two cases involve commercial leases and focus on a gross sales benchmark termination clause and cotenancy...

The best time to think about getting out of a business lease is before you sign it. For the many companies with leases signed, perhaps too casually, before the economy tanked, that's little help. While their numbers are down from recent highs, businesses...

On October 31, 2013, Ohio Governor Kasich signed Substitute House Bill 72 (HB 72) [ enhanced version available to lexis.com subscribers ], into law. HB 72 amends various Sections of the Ohio Revised Code (the Code), in part, to modernize the county recorder...

Commercial tenants affected by Sandy may be in a difficult situation. Generally a commercial tenant's rights are limited to the rights set forth in the lease. Residential tenants have many rights guaranteed by law. Commercial tenants have very...

Updates for the Week of May 28, 2014 Did the Landlord Discriminate Against a Disabled Tenant by Refusing to Terminate His Lease Early ? Colleen and David rented an apartment in Virginia for $1900 a month with a $1900 advance security deposit. About...

By Russell L. Schetroma By opinion dated January 27, 2012, the Honorable Rochelle S. Friedman, Senior Judge, writing for a panel of the Pennsylvania Commonwealth Court affirmed a decision of the Court of Common Pleas of Wayne County requiring Ginger...

By Philip B. Korb and Benjamin V. Sanchez The Pennsylvania Supreme Court has ruled that even where a landlord merely ground leases land to a tenant who builds a building on it-and the landlord collects rent only on the land-the value of that building...

Real Cases in Real Estate is a weekly update on real estate law, with legal principles illustrated and explained by lawsuits from around the country. The topics are wide-ranging for appeal to a broad spectrum of readers including lawyers, homeowners...