Welcome to Our Blog

Attorneys from Miller Nash Graham & Dunn practicing in the areas of Land Use, Real Estate, Environmental, Construction and Real Estate Tax will contribute frequently to this blog. We also expect guest posts from time to time from outside consultants and from other practice areas within Miller Nash Graham & Dunn dealing with real estate. And while we will not show comments on this site please feel free to email us directly with any questions, comments or suggestions. We hope you find this blog enjoyable to read and that the information is pertinent to the industry.
January 23, 2015 8:15 AM | Posted by Bremer, LeAnne | Permalink
We will find out the answer to that question later this year from the United States Supreme Court in Horne v. Department of Agriculture. At issue is whether the Department of Agriculture can subject raisin farmers to a marketing order requiring the farmers to divert a certain percentage of their crop to a reserve that is run by the Raisin Administrative Committee . . . read more
December 30, 2014 2:45 PM | Posted by Bremer, LeAnne | Permalink
The Washington Homeowner Association Act, Chapter 64.38 RCW, requires the homeowner members to approve an annual budget of revenues and expenditures proposed by the board of directors. If the budget is not approved . . . read more
December 22, 2014 8:25 AM | Posted by Naito, Alexander | Permalink
Contractors and developers should now include an "accrual clause" as part of their basic construction contracts. The purpose of the accrual clause is to agree by contract when the statute of limitations under . . . read more
December 18, 2014 8:15 AM | Posted by Naito, Alexander | Permalink
ORS 12.135 establishes a ten-year statute of ultimate repose for any claims relating to the construction, alteration, or repair of any improvement to real property. This means that any claim relating to a construction project . . . read more
December 16, 2014 8:49 AM | Posted by Naito, Alexander | Permalink
In the past, contractors and developers could feel secure that certain claims arising out of construction contracts would be barred after six years from completion of the project. A recent line of Oregon appellate court decisions . . . read more
December 15, 2014 2:59 PM | Posted by Bremer, LeAnne | Permalink
In the words of the Washington Supreme Court, it "has faced numerous challenges to statutory time limits for appealing land use decisions and has repeatedly concluded that the rules must provide . . . read more
November 17, 2014 2:05 PM | Posted by Bremer, LeAnne | Permalink
Is a rental cap on the number of units that can be rented in a condominium a use restriction? If so, the Washington Condominium Act requires a 90 percent vote of the unit owners, not counting the condominium . . . . read more
October 27, 2014 11:01 AM | Posted by Hilliard, Jeneé | Permalink
When the real estate market is hot, it can be a great time to sell real property. And because people don’t want to pay tax unless they have to, it can be attractive to complete a 1031 exchange with the proceeds from the sale. But a hot real estate market can be a difficult . . . read more
October 22, 2014 1:57 PM | Posted by Shellan, Ron | Permalink
In the good old days, a taxpayer could exchange his high-basis relinquished property for his wife’s low-basis replacement property. Thereafter, the taxpayer could sell the replacement property (which now has a substituted high basis) with little or no gain. This technique is known as a basis swap. Years ago, Congress changed the law . . . read more
October 20, 2014 11:18 AM | Posted by Shellan, Ron | Permalink
When an exchange involves two parcels of real estate that are adjacent to each other, it can be tricky to figure out whether they should be treated as two exchanges or a single exchange . . . read more