Contra Costa Lawyer September 2013

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rom many indicators, real estate appears to be on the rebound. Since 2006-2007, it was impossible not to be aware of the real estate meltdown and thereafter the general economic recession.

In 2007, about 80 percent of residential foreclosures resulted in the property being taken back by the lender. HowCraig S. Nevin ever, by 2012, that number had reversed and about 80 percent of residential foreclosures were being purchased by third parties. There are many indicators that appear to show recovery: The number of active projects and construction sites is without doubt increasing. One first-hand observer said the number of cranes in San Francisco went from under 10 to over 50. A construction labor shortage is predicted for the future—not many years off, but within two. I am, therefore, more than normally pleased to have been involved in bringing you this real estate edition of the Contra Costa Lawyer magazine. The edition starts off with arguably one of the biggest issues resulting from the meltdown: The elimination of California’s redevelopment agencies. Craig Labadie has provided an excellent article that helps explain the changes. Next, we have an article by David Larsen focused on best practices in obtaining project approvals, both from an owner’s and a developer’s perspective. In our next issue, David will look at obtaining discretionary approvals, from city or county perspective, which will make both articles even more insightful.

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Once again, we are happy to include an article from Carol Langford on the ethical issues that arise in real estate law. We thank the authors of these articles for their time and contributions. It is perhaps a good time to remind readers that this magazine is not only for the readers—it is by the readers. Without contributions of ideas and articles from the bench and bar, there would be no Contra Costa Lawyer magazine. Submit ideas or articles at any time. s Formerly Associate General Counsel for a major real estate developer in Irvine, for over 25 years, Craig Nevin has provided litigation and transactional counsel to owners, developers, financial institutions, contractors, subcontractors and other companies in complex business, real estate, construction and development related matters. He has presented numerous seminars concerning real estate, construction, development, sales and mortgages, as well as litigation management and avoidance. Mr. Nevin is on the Board of Directors and is current Chair of Contra Costa Senior Legal Services and on the Advisory Board of Directors of The Law Center.

THE LAW OFFICE OF

CRAIG S. NEVIN

EFFECTIVE LITIGATION IN BUSINESS, REAL ESTATE AND CONSTRUCTION

Speaking of projects, Scott Jenny has provided an article that discusses not only conditions of approval but also concessions and “cash.” The article also addresses the issue of eminent domain and the important and interesting recent United State Supreme Court ruling on the Koontz case.

EXPERIENCED NEUTRAL: EVALUATIVE MEDIATIONS, EXPERT WITNESS AND RECEIVER SERVICES

Scott Haislet has provided an article on tax deferred exchanges, explaining the law by using some actual recent transactions. Bob Richardson has provided a very valuable article that outlines recently enacted legislation that affects accessibility and also energy use disclosures. In short, don’t write another commercial lease until you have read the article.

1333 N. California Blvd., Ste. 620 Walnut Creek, CA 94596 Phone: (925) 937-1517 Fax: (925) 891-9929 CNevin@LawNevin.com

SEPTEMBER 2013


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