Here's what's on our mind.
Property Owners Win Big Battle in Supreme Court Decision on Regulatory Takings
On June 21, 2019, the U.S. Supreme Court ruled in Knick v. Township of Scott, Pennsylvania, 139 S. Ct. 2162 (2019) (Knick), that private parties seeking to challenge a local government under the “Takings Clause” can now file their lawsuits directly…
Things to Think About for Commercial Cannabis Leases in Oregon
Commercial property owners and tenants often ask their lawyers for a "form lease." But no form will fit every situation, and this is particularly true when the tenant is a cannabis business. Because cannabis remains illegal under federal law…
Updates on Portland’s Clean Energy Fund
In the fall of 2018, Portland voters approved the Clean Energy Initiative to establish the Portland Clean Energy Fund (“PCEF”). The initiative requires Portland retailers with total annual revenues over $1 billion and Portland annual revenues over…
Who Can Hold Real Estate in Oregon?
The field is wide open as far as what kind of entity can invest in and hold real estate in Oregon. And even though any legal entity may be used, most commercial real estate in Oregon is owned by a single-purpose entity, an LLC. If an entity is formed…
The Alphabet Soup of Working with Foreign Real Estate Investors
Given the continuous fluctuation in business immigration, tariffs, and international relations, it shouldn’t be a surprise that foreign investment into the U.S. (especially by China), has slowed. And yet, it is still happening. The Oregon real estate…
The Building Blocks of Real Estate Development – Planning and Zoning
Our Real Estate Review miniseries continues with a look at the challenges developers often encounter due to local zoning and other land use regulations. In Oregon, zoning and permitting regulations are mostly set by local city or county governments…
Due Diligence for Messy Commercial Property Purchases
As we continue our look at the legal environment for Oregon Real Estate we’re going to get a little messy and explore the due diligence recommended for buying property that may have environmental contamination. In the Sale and Purchase section of the…
What’s Driving Real Estate in the Portland Metropolitan Area?
When it comes to big buildings, the suburbs have been where the action is. The largest projects and transactions in the past twelve months have been in the Portland area's western suburbs.
Checking in on Oregon’s Real Estate Environment
Oregon continues to benefit from one of the nation’s most attractive residential and commercial real estate environments. We have had, and will continue to have, ebbs and flows just like any market, as we discussed here. But the region's general…
The List You Don't Want to Be On
Everybody loves lists—at least when the list ranks something positive. We can celebrate that Oregon ranks second for the most craft breweries per capita (Vermont eked out the top spot). And that Bend topped a list of best ski towns, while Portland…
There Really Is Enough Sunshine to Go Around, People
Crops need sun. Solar panels need sun. One would think there is enough sunshine, even in rainy Oregon, for everyone. But at the urging of some strict farmland preservationists, the Oregon Land Conservation and Development Commission recently adopted…
Can Oregon Processors Keep Up with Oregon Hemp?
Oregon's next bumper crop may end up being industrial hemp, the nearly THC-free cousin of marijuana, grown for recreational andr medical use. With planting season 2019 in full swing, Oregon farmers have registered to grow around 50,000 acres of hemp…
Federal Tax Law Drafting Error Punishes Commercial Developers
The Tax Cuts and Jobs Act, signed into law in December 2017, promised radical changes to the federal tax code. Many of its goodies were aimed and the real estate industry, but because of a critical drafting error, many commercial landlords and…
Green Infrastructure: Is There an App for That?
Portland is a leader in managing stormwater runoff with green infrastructure. Nearly 20 years ago, the City began a serious effort to adopt green infrastructure – such as pervious surfaces, bioswales, vegetated infiltration galleries, and other…
Portland's Manufacturing Growth Is Impressive, but Not for Everyone
According to the March 2019 Multnomah County Economic Indicators report, the Portland manufacturing sector has grown impressively since the great recession, having created close to 250,000 jobs since 2010.
Despite Rumors that it often Rains, Oregon Really Is a Solar Paradise
The Oregon Department of Energy has created a web tool showing the phenomenal growth of solar energy in Oregon in the last 20 years. In 1999, 15 tiny solar facilities were all that existed in the state. By 2018 the state appears to be carpeted in a…
On the Horizon – Reauthorizing the Federal Terrorism Risk Insurance Program
Accurately forecasting and predicting terrorism exposure within the United States is difficult, to say the least. To make matters more challenging for the commercial real estate industry, reinsurers largely stopped reinsuring terrorism insurance…