Welcome to Our Blog

This is the Northwest's first comprehensive blog tackling issues related to the real estate industry. Our focus is to educate our clients, consultants, and the general public of developments not only in the law, but also in the market related to real estate development. One of our primary goals is to identify trends to assist others in making development projects successful. 
Attorneys from Miller Nash 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 dealing with real estate development. 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.
August 18, 2014 12:03 PM | Posted by Klinger, Dustin | Permalink
Nonprofit charities regularly own or receive donations of real estate. In the real estate world, holding title to property in an isolated limited liability company is so common that many lenders’ and brokers’ template forms . . . read more
July 23, 2014 3:40 PM | Posted by Miller, Jeff | Permalink
An insurance industry trade association just filed an amicus brief in Ash Grove Cement Co. v. Liberty Mutual Insurance Co., asking the Ninth Circuit either to reverse an Oregon district court's decision that a CERCLA Section 104(e) information request is a "suit" triggering a duty to defend or to certify . . . read more
July 15, 2014 2:25 PM | Posted by Huynh, Hong | Permalink
The Columbia Slough Watershed is a place in which environmental citizen groups continue to find violations of the Clean Water Act (the "CWA"). The filing of two recent cases in the federal district court for the District of Oregon . . . read more
July 14, 2014 8:24 AM | Posted by Hilliard, Jeneé | Permalink
While a limited liability company (“LLC”) is treated as a partnership for tax purposes, a single-member limited liability company (“SMLLC”) is not. Its existence is ignored for tax purposes and its income, expenses, and other tax attributes are reflected on the tax return of its sole member. For tax-free exchange purposes, the SMLLC can be an incredibly useful tool. . . read more
July 10, 2014 8:52 AM | Posted by Hossaini, Kelly | Permalink
Does Oregon's public trust doctrine extend to the atmosphere? In Chernaik v. Kitzhaber, the Oregon Court of Appeals directed a Lane County circuit court to decide that question. . . read more
June 24, 2014 3:01 PM | Posted by Huynh, Hong | Permalink
For 20 years now, Washington law has required an insurance company to indemnify an insured for historic environmental contamination under general liability policies, even in the absence of an overt, threatened action by a regulatory . . . read more
June 10, 2014 2:41 PM | Posted by Miller, Jeff | Permalink
Yesterday, in CTS Corp. v. Waldburger, the Supreme Court held that CERCLA does not preempt state statutes of repose, reversing a Fourth Circuit decision and Ninth Circuit precedent. A statute of limitations extinguishes . . . read more
May 30, 2014 1:05 PM | Posted by Huynh, Hong | Permalink
The long-awaited federal water resources authorization bill is likely on its way to becoming law. The bill authorizes work carried out by the U.S. Army Corps of Engineers ("USACE"), ranging from navigation to flood control. As of May 22, 2014, both the House and Senate have approved the Conference Report . . . read more
May 22, 2014 12:53 PM | Posted by Hossaini, Kelly | Permalink
The Wall Street Journal has published an interesting perspective on a recent national trend: the faster population growth in urban areas over suburban areas. There are likely as many explanations as there are urban . . . read more
May 5, 2014 2:41 PM | Posted by Klinger, Dustin | Permalink
Clearing foreclosure backlogs and increasing prices have sharply decreased the percentage of "underwater" home mortgages. While some signals remain mixed . . . read more