Real Estate Law in the Blogosphere

Real Estate Law in the Blogosphere

Here’s what’s happening on some of the Real Estate Top Blogs:
 
Shari Shapiro of the Green Building Law blog has a post on the value of density in green building. Just as the density of urban environments can lead great innovation because of the critical mass of information and ideas so too can the clustering of green businesses and buildings be a cause of green innovation. Shapiro argues that local governments should use incentives to stimulate green building and businesses.  One green building is good, but a cluster of green buildings with workers in green businesses will foster more carpools, more sharing of ideas, and more emulation.
 
Over at the Land Use Prof Blog Paul Boudreaux writes about the recently passed farm bill. The bill has been criticized for including too many subsidies but Boudreaux thinks that it is probably too early to tell how the details of the subsidy systems will affect rural land use. Boudreaux also mentions a bill introduced in California that would allow farmers to sell processed foods, such as jams and pies, from roadside stands, without having to meet tough state health and safety requirements.
 
The Real Estate and Construction Law Blog has a post by James E. Pugh on the recent adoption by Los Angeles of a green building ordinance. Pugh believes that the ordinance will likely have a considerable affect on the type of developments the City will approve.
 
Patty Salkin of Law of the Landdiscusses the case of Manta Management Corp. v. City of San Bernardino, 43 Cal. 4th 400 (Cal. 2008). There a club owner sued San Bernardino under § 1983 for damages arising from an injunction obtained by the city in a zoning dispute. The California Supreme Court determined that the trial court’s intervening exercise of independent judgment to grant the injunction interrupted the chain of causation for purposes of § 1983 liability provided that the trial court was provided with appropriate facts. The Supreme Court remanded to the trial court to determine whether misstatements made by the City in its application for an injunction were misleading and whether any misrepresentations were material.
 
The Mortgage Fraud Blog has a post on Domeneco Abate, who was sentenced to 27 months imprisonment after pleading guilty to a three-count Information, charging him with health care fraud, bankruptcy fraud and wire fraud. Abate submitted false loan documentation to support the purchase of his home in Wellington, Florida. In the loan application, Abate falsely stated that his wife was an Office Manager at The Medicine Shoppe, a retail pharmacy franchise in Palm Beach Gardens, Florida, with a gross monthly income of $9,864. In addition, the loan documentation falsely stated that approximately $165,000 of the down payment for the purchase of the home was a gift from relatives.
 
Environmental disclosure is the subject of the most recent post over at the Municipal, Planning & Environmental Law Group Blog. According to a Staff Notice from the Ontario Securities Commission, reporting issuers must improve their disclosure of known and contingent environmental liabilities in continuous disclosure documents. In a survey of 35 reporting issuers the OSC found that the majority of issuers had made insufficient disclosure of material environmental matters in their annual financial statements, management discussion and analysis (MD&A), and annual information forms (AIF), as applicable.
 
And finally, Ben Barros at Property Prof Blog has filed a post on a recent paper by John G. Sprankling (available at 55 UCLA L. Rev. 979) on deep subsurface property rights. Traditionally property owners were said to own down to the center of the earth. Sprankling challenges this archaic view and argues that the deeper the disputed region, the less likely courts are to recognize the surface owner’s title. The article proposes and evaluates four alternative approaches to subsurface property rights.