by Ron Holmes – The ten-person group limit on outdoor gatherings applies… maybe Some time ago, Governor Abbott issued Executive Order GA-28 (the “Order”) imposing a ten-person group limit on outdoor gatherings. On August 1, 2020 the Attorney General’s office issued an informal legal opinion that the ten person limitation on outdoor gatherings applies to …
by Ron Holmes There is no doubt, at least from our perspective, the COVID-19 pause is taking its toll on commercial real estate development. The exceptions appear to be single-family lot development and single-family residential construction, both of which continue at a strong pace. I expect the pause to continue until the capital markets rebound …
by Brian Fisher We have all likely seen the following conveyance language in deeds conveying real property in Texas: “…and all interest, if any, of Grantor in (i) strips or gores, if any, between such real property and abutting properties, (ii) any land lying in or under the bed of any street, alley, road, or …
by Ron Holmes – As I sit and ponder the legal fallout of COVID-19, several gnarly legal issues float through my brain (and, as it turns out, those of other legal ponderers). Below, I will address on a broad basis three of my favorites. Impossibility of Performance as a Defense Performance of a contract may …
by Scott A. Meyer Is your business reporting to credit agencies during the COVID-19 pandemic? As you are no doubt already aware, the Fair Credit Reporting Act requires that Equifax, Experian and TransUnion provide consumers with one (1) free annual report every twelve (12) months. We have recommended for some time to our clients that …
by Ron Holmes In making a PPP application, the applicant certifies that the applicant in good faith believes there is an economic necessity for the funds. There have not been any definitive guidelines on what constitutes “economic necessity.” As we had hoped (expected would be too strong a word), the SBA has now provided guidance. …
by Ron Holmes, 20 Feb 2020. Despite burdensome regulatory restrictions in certain cities in which we are representing developers (e.g., Austin and San Francisco), we continue to see strength across the real estate spectrum in the Texas major cities and both Coasts. We are assisting in the development of two projects of particular regulatory note. …
By Ron Holmes I don’t know about you, but I know a down cycle is coming. Also, just like you, I have no idea when that is going to occur. However, it does not appear a down cycle is in the immediate forecast. Notwithstanding trade tariffs, The Hill turmoil, continuing Middle East issues, acts of …
By: Brian Fisher The 2019 Texas legislative session enacted several significant changes to Texas ad valorem (or property) tax law. Among the more significant changes affecting developers of real property is House Bill 1743. Texas law permits land to be taxed at an “agricultural” value significantly lower than the land’s market value provided the land …
By Trent Appleby House Bill 2439 was signed into law by Governor Greg Abbot on June 14, 2019, after garnering overwhelming support from both the House (133 to 9) and Senate (26 to 5). The law went into effect September 1, 2019, and provides – with some exceptions – that a city may not regulate …