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Rocky Mountain Real Estate Law

Short-Term Rentals on the Horizon for Lakewood

By Mike Davidson

September 2, 2021

Short-term home rentals (“STRs”) are big business in the Colorado front range, both in places where they are currently allowed and those where they are not. In many cities, people are renting their residences on apps like VRBO and Airbnb, even when prohibited by the zoning code. One such city, Lakewood, Colorado, is attempting to deal with this issue head on by adopting ordinances to directly regulate STRs. However, Lakewood’s proposed ordinances have a…

Rocky Mountain Sign Law Blog

11th Circuit: First Amendment Doesn’t Protect Florida Man’s Proposed Midcentury Mansion Because No One Can See It

By Andrew L.W. Peters

August 16, 2021

One of the trickier aspects of First Amendment jurisprudence has always been deciding whether and when conduct receives constitutional protection. Regulations that involve words or speech are easy enough. But does the First Amendment protect the heap of garbage your neighbor piled in his front lawn to protest the city’s tardy trash collection? (Probably, but the city can constitutionally regulate it anyway.) Does the Constitution care if you want to direct a spotlight against your…

Rocky Mountain Conservation Easement Law

IRS Chief Counsel Advice Memorandum on Extinguishment Proceeds Clauses

By Melinda Beck

July 31, 2021

On July 30, 2021, the Office of Chief Counsel of the Internal Revenue Service (IRS) released a Chief Counsel Advice Memorandum 202130014 on the requirements of I.R.C. Section 170(h) and Treas. Reg. Section 1.170A014(g)(6)(ii) for an extinguishment proceeds clause in a conservation easement. Citing PBBM-Rose Hill, Ltd. v. Commissioner and Coal Property Holdings, LLC v. Commissioner, the Memorandum states that extinguishment proceeds clauses must closely adhere to the language in the Treasury Regulations and…

Rocky Mountain Sign Law Blog

U.S. Supreme Court to Review Austin Billboard Case

By Brian J. Connolly

June 28, 2021

On Monday, the U.S. Supreme Court granted the City of Austin, Texas’s petition for writ of certiorari in a case that may determine the legal fate of states’ and local governments’ efforts to restrict billboard advertising. In the case, which we reported on previously, Austin denied permits to two billboard companies that were seeking to convert existing, static billboards to digital signs. The billboard companies challenged, and the city removed to federal court. The…

Rocky Mountain Conservation Easement Law

Preservation of the Metzler Property in Castle Rock, Colorado

By Melinda Beck

June 24, 2021

Cat's Cradle 1 - Metzler — Source: Rich Jakubiak

The Metzler Property in Castle Rock, Colorado was preserved today through the generous donation by the Estate of Robert F. Metzler of 60 acres of land to the Town of Castle Rock and a conservation easement to Douglas Land Conservancy (DLC) on 49 of those acres. The Metzler Property is located along Founders Parkway and Crowfoot Valley Road in a rapidly developing area of the Town and will serve existing and new residents in the…

Rocky Mountain Conservation Easement Law

11th Circuit Court Denies Conservation Easement Deduction in TOT Property Holdings Case

By Melinda Beck

June 23, 2021

On June 23, 2021, the U.S. Court of Appeals for the 11th Circuit in TOT Property Holdings upheld the denial of a charitable deduction for a conservation easement on the grounds that the donated conservation easement was not protected in perpetuity under I.R.C. § 170(h)(5)(A). The denial was based once again on an improper proceeds clause that the court determined did not comply with 26 C.F.R. § 1.170A-14(g)(6)(ii) because it allowed the donee’s proceeds in…

Rocky Mountain Conservation Easement Law

Colorado Legislature Expands Conservation Easement Tax Credit

By Melinda Beck

June 7, 2021

Prairie Canyon Ranch — Source: Melinda Beck

Today the Colorado legislature passed HB21-1233, the Conservation Easement Enhancement and Rural Stimulus Act. The Act was proposed and shepherded by Keep It Colorado, and will now proceed to the Governor’s desk to be signed. The Act modifies the Colorado conservation easement tax credit program by increasing the amount of tax credits that a landowner can obtain from a conservation easement donation to 90% of the fair market value of the conservation easement…

Rocky Mountain Real Estate Law

Colorado House Passes Bill that would Limit the Ability of HOAs to Regulate the Display of Residents’ Flags and Political Signs

By Vincent P. Forcinito

June 1, 2021

Restrictions on the ability of homeowners’ associations to enforce covenants deemed contrary to public policy have long been the norm in states across the country, including Colorado, which could soon see an expansion of such restrictions. Colorado’s Common Interest Ownership Act (CCIOA) contains various statutory restrictions on the ability of a homeowners’ association to enforce rules and covenants deemed contrary to public policy. For example, notwithstanding any provision in an association’s declaration, bylaws or rules…

Rocky Mountain Conservation Easement Law

America the Beautiful Campaign: The Next Step for the 30×30 Goal

By Melinda Beck

May 6, 2021

Today the Biden Administration released a preliminary report to the National Climate Task Force titled Conserving and Restoring America the Beautiful. The report provides a vision and plan to preserve at least 30% of the country’s land and waters by 2030 with a locally led America the Beautiful campaign.…

Rocky Mountain Conservation Easement Law

IRS Creates Office of Promoter Investigations

By Melinda Beck

April 19, 2021

67812364_24eb2c5b35_w — Source: Creative Commons

On April 19, 2021, the Internal Revenue Service (IRS) announced the formation of the Office of Promoter Investigations (OPI) (IR-2021-88) to increase the focus of the IRS on the promoters of abusive tax avoidance transactions, including abusive syndicated conservation easements. The new OPI will coordinate the efforts of various business divisions, including Large Business & International, Tax Exempt/Government Entities, the Office of Fraud Enforcement, and Criminal Investigations, with a focus specifically on promoters…

Otten Johnson Robinson Neff + Ragonetti PC

Otten Johnson Robinson Neff + Ragonetti PC Blogs

Blog Authors

Short-Term Rentals on the Horizon for Lakewood

11th Circuit: First Amendment Doesn’t Protect Florida Man’s Proposed Midcentury Mansion Because No One Can See It

IRS Chief Counsel Advice Memorandum on Extinguishment Proceeds Clauses

U.S. Supreme Court to Review Austin Billboard Case

Preservation of the Metzler Property in Castle Rock, Colorado

11th Circuit Court Denies Conservation Easement Deduction in TOT Property Holdings Case

Colorado Legislature Expands Conservation Easement Tax Credit

Colorado House Passes Bill that would Limit the Ability of HOAs to Regulate the Display of Residents’ Flags and Political Signs

America the Beautiful Campaign: The Next Step for the 30×30 Goal

IRS Creates Office of Promoter Investigations

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