Northwest Real Estate Law Blog : Northwest Real Estate Lawyer & Attorney : Davis Wright Tremaine Law Firm : Land Use, Development, Commercial Property : Seattle, Portland, Alaska, Washington, Oregon

Authored by:  Clayton Graham and Jim Greenfield

Many Seattle landlords and other building owners will soon need to begin reporting on the energy efficiency of their buildings. As reported in DWT’s Northwest Real Estate Blog last year, a Seattle ordinance passed in connection with the state’s Efficiency First! Act requires many Seattle building owners to provide “energy benchmarking reports” to the Director of the Department of Planning & Development using the federal Environmental Protection Agency’s Energy Star Portfolio Manager or a similar system. 

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Authored by:  Clayton Graham

As in many states, it has long been the law in Washington that a party in open, notorious, “hostile” possession of another’s land for a certain period of time (generally 10 years) might become the owner of that land, so long as the party can establish facts that meet the common-law test for adverse possession. In a development of interest to anyone who may become a party to such a suit, the Washington legislature recently amended provisions of the Revised Code of Washington (Chapter 7.28, RCW) containing procedural requirements for these lawsuits.

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Authored by:  Jonathan Lloyd, Stephen M. Rummage, Daniel M. Waggoner, and Maya Yamazaki

Yesterday, in a 5-4 decision, the Washington Supreme Court ruled that Washington state statutes of limitations do not apply to claims brought in arbitration, absent specific contractual language to the contrary. In particular, the Court found those statutes, which specifically require that "actions" be commenced or parties "sue" within a certain time, do not apply in the context of arbitration proceedings, which are not "actions" or "suits," unless the parties expressly provide for such applicability in their arbitration agreement. Broom v. Morgan Stanley DW, Inc., No. 82311-1 (7/22/10).  Click here to read the full article.

 

 

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Authored by Clayton P. Graham and James A. Greenfield

In a development of great interest to owners of property in or near floodplains, many local jurisdictions in Washington state will soon begin updating their floodplain development regulations to comply with new federal requirements. As discussed in a post on Davis Wright Tremaine’s Real Estate Blog, the Federal Emergency Management Agency (FEMA) began developing its model ordinance after the National Marine Fisheries Service (NMFS) found that FEMA’s administration of the National Flood Insurance Program (NFIP) threatened the habitat of a number of species protected under the Endangered Species Act.

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Authored by:  Craig Gannett and Clayton P. Graham

Landowners and developers across Western Washington will be affected by floodplain map revisions that the Federal Emergency Management Agency (FEMA) plans to carry out in the coming months. These map updates are part of FEMA’s administration of the National Flood Insurance Program (NFIP), and changes in map designations can have far-reaching effects, including increases in flood insurance premiums and new floodplain development regulations under local codes. For these reasons, many landowners and local governments across Western Washington are expected to appeal these map revisions.

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Authored by:  Craig Gannett, Kerry Shea, Richard M. Glick and Lauren Giles

Climate change will receive more attention in the analysis of environmental impacts under the National Environmental Policy Act (NEPA), according to a Draft Guidance issued on Feb. 18 by the White House Council on Environmental Quality (CEQ). Charged with advising federal agencies on the implementation of NEPA, CEQ proposes that the environmental analysis of major projects consider the effect on climate change of greenhouse gases (GHGs) that would be emitted by the proposed project, as well as the potential impact of climate change on the project itself.

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The Portland Business Alliance Development Committee, a subcommittee of the Central City Standing Committee, and the Urban Land Institute Commercial Development Committee convened a joint effort to craft recommendations and inform the Bureau of Planning and Sustainability as it begins the process of updating the 25-year Central Portland Plan. This is occurring because the Bureau of Planning and Sustainability has embarked on an update to the 1988 Central City Plan. The Central Portland Plan Update is a two-year, comprehensive effort that will set the stage for significant employment and residential growth for the next 25 years.

Summary of Findings

Presentation

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Portland Business Journal article by Coni Rathbone:  The SEC is considering a request, proposed by the National Association of Realtors, to allow the payment of commissions to real estate brokers for their efforts in the sale of Tenant in Common securities. See the attached articles for more information.
www.dwtrealestatelawnw.com/Davis Wright Tremaine (E).pdf

www.dwtrealestatelawnw.com/DJC Reprint Legal Ease 02.28.08.pdf

 

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