If there was ever a case to be made for levee accreditation in Oregon, it would be the biological opinion (“BiOp”) that the National Marine Fisheries Services (“NMFS”) issued in April 2016.
The BiOp seeks to protect and conserve certain salmon
From the Ground Up
Your legal source for development news
From the Ground Up, published by Miller Nash Graham & Dunn LLP, covers legal issues relevant to the construction industry and related sectors. The blog addresses topics such as construction contracts, insurance coverage, liability exposure, regulatory developments, and workforce matters including vaccination policies. It also discusses broader industry trends like renewable energy projects impacting construction, including offshore wind development. The blog provides updates on legislative changes, court decisions, and practical guidance for construction professionals and stakeholders navigating legal challenges in their projects and operations.
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Employment Law Issues for the Development Industry
Recently, several of my colleagues have written articles on employment law issues, ranging from best hiring practices to Oregon’s new minimum-wage laws. Since employment issues are prevalent in all industries, including development, it dawned on me that I should capture…
Portland’s Booming Residential Market Remains Hot
Zillow calls Portland the nation’s fourth “hottest” apartment market based upon a combination of new apartments as a percentage of total rentals (just 1.7 percent), the percentage of new apartments rented within three months (72 percent), and apartment rent appreciation…
Navigating Oregon Property Tax Exemptions for Charities and Landlords–Deadline April 1
It’s tax season again. Every April, most Americans begrudgingly turn their attention to their tax obligations. April’s tax significance isn’t limited to one’s federal income tax return, however, April 1 marks the deadline for filing an application for exemption from Oregon…
Plan Now So That Excess Water Isn’t Trouble Later
Water is a frequent topic of conversation these days, with valid concern over the growing scarcity of this resource. In the past few years, however, concerns about too much water have also arisen. From Hurricane Katrina to Superstorm Sandy to…
Creative Way to Deal With Easement Dispute Fails
In the recent Washington Court of Appeals case of Buchheit v. Geiger, property owners tried to prevent a neighbor from crossing over their lakeside lot with an antiharassment order. The neighbor began using the lakeside lot without the owners’…
Justice Thomas Signals that the Supreme Court May Review Inclusionary Zoning
Just days after the Oregon Senate approved a bill that would allow inclusionary zoning—i.e. permitting local governments to condition the grant of incentives to developers on the inclusion of affordable housing in new developments—at least one United States Supreme Court…
New Property Owners, Beware: Possible Shortened Time to Bring Defective-Construction Claims
The Oregon Supreme Court issued a decision on February 19, 2016, affirming a decision to dismiss a homeowner’s claim against a builder for defective construction.
In Shell v. Schollander Companies, Inc., 350 Or 552 (2016), defendant, a builder, began construction…
Poorly Drafted Leases Can Cause Headaches for Tenants and Landlords (Part II of II)
By Jon Goodling
Continued from Part I . . .
These 10 common problem areas can easily be avoided by paying attention to details.
6. Outside the Premises
A tenant should think beyond the four walls of the premises and consider whether it…
Poorly Drafted Leases Can Cause Headaches for Tenants and Landlords (Part I of II)
By Jon Goodling
These 10 common problem areas can easily be avoided by paying attention to details.
It’s a dangerous world out there. We cannot eliminate all risks. But a well-drafted lease can minimize risk, and a poorly drafted lease can unnecessarily create…