Real Estate & Development Law Update

Category Archives: Zoning, Land Use & Municipal Law

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Time for Colorado to adopt comprehensive wind farm standards

Posted in Green Development and Energy Law, Zoning, Land Use & Municipal Law

Catherine the Great said, “a great wind is blowing, and that gives you either imagination or a headache.” Without question, this is true in Colorado as Colorado ranks eleventh in the nation for its potential to generate energy from wind. With technological advances leading to taller turbines with longer blades, the National Renewable Energy Lab… Continue Reading

Issuers Beware: SEC amends definition of an “Accredited Investor”

Posted in Real Estate Finance, Zoning, Land Use & Municipal Law

This post has been contributed by Amy Raj Goostree, Jeffrey T. Haughey, and Kirsten P. Salzman of Husch Blackwell’s Securities & Corporate Governance Group On December 21, 2011, the Securities and Exchange Commission announced an amendment to its definition of “accredited investor” [pdf] that excludes the value of a primary residence and includes certain liabilities secured by primary residences… Continue Reading

County Commission Performs Administrative Act When Reviewing Preliminary Subdivision Plats

Posted in Corporate Real Estate, Zoning, Land Use & Municipal Law

Developing property is no easy task, but a recent Missouri Court of Appeals decision clarifies that “a preliminary plat is just that — preliminary.” In subdividing undeveloped property, developers typically have to obtain approval of both a preliminary plat and a final plat, often with further conditions attached to approval of each. Each step in… Continue Reading

Circumventing the Planning Process: Zoning by Initiative and Referendum

Posted in Corporate Real Estate, Economic Development, Zoning, Land Use & Municipal Law

An increasing number of initiative petitions have garnered the limelight in Missouri in recent years, including the Earnings Tax Initiative and most recently an initiative aimed at capping interest rates and other fees for payday lenders. Certainly, direct democracy is a benefit afforded our country’s citizens that should not be abandoned, but it must be… Continue Reading

Public Contracting Requirements for Transportation Projects under the Missouri Transportation Development District Act

Posted in Economic Development, Zoning, Land Use & Municipal Law

 The State Auditor’s March 2011 audit of Missouri Transportation Development Districts (“TDD”) reports that some TDDs are not complying with public contracting requirements applicable to certain TDD construction projects. The problem likely arises from the absence of clear direction under Missouri law as to when such requirements apply to quasi-governmental bodies such as TDDs… Continue Reading