by Trent Appleby DFW is one of the fastest growing metropolitan areas in the United States. With population growth comes an increased need for infrastructure such as roads, highways, pipelines and transmission lines. As a result, more and more landowners are faced with takings of all or a portion of their land. Eminent Domain and …
by Ron Holmes The Fourth Quarter of 2020 was, shall we say, interesting. Our bigger transactions were on COVID-19 pause, while our meat and potato transactions proceeded as almost normal. Some sectors (e.g. self-storage, industrial and multi-family) remained active while others (e.g. retail) came to a near halt. What will 2021 bring? My crystal ball …
By Brian Fisher If you are the landlord of commercial property, then the odds are good that during the Covid-19 pandemic you have been or will be requested by a tenant to permit some form of rent relief. There are three (3) rent relief scenarios: Rent is due but the tenant not yet paid same. …
By Lynnsee Starr Most standard residential lease contracts do not ask tenants for this all-important information—the tenant’s birthdate. While the law creating the need for such information has not changed, judges’ attitudes have. The Servicemembers Civil Relief Act (SCRA) puts in place certain protections for active military status individuals. One of those protections pertains to …
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. …