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September 27, 2010

Adaptive Reuse Project Opens in SoCal

Adaptive Reuse Project Opens in SoCal

September 25, 2010



1. Curtis D. Harris, BS, CGREA, REB • CAMPAIGN to Restructure TAF.   I don’t know much about TAF, although they occasionally fain their interest in my opinion on certain issues, with an email blast.  And then there is the biannual request to apply for a position on one of their Boards, which always seem to get filled by Appraisal Institute Members.  Hardly, something I feel worth while responding to due to a lack of potential traction and, credibility of TAF Members and Sponsors. Much like whistling into the wind, given the fact that the sponsors’ originations are self interest groups and BANKS.  What I do know is that the present organizational structure is ineffective, evidenced by Debacle II.  Remember TAF was put in place, by an act of congress, to see to it that a  Debacle I would never happen again.  To my understanding DII has far out passed  the losses seen by DI.  We went  from a fragmented system of no/little regulation-oversight to a Bureaucrats of special interest, the Appraisal Institute,  no/little regulation-oversight.

We pay our dues, to the Appraisal Foundation (TAF) let's make sure we all have a vote, “NO TAXATION WITHOUT REPRESENTATION.”  Now that we have gotten rid of the AI the rest should be easy.

If you feel you should have a vote, in TAF, please join us on the "Commercial Appraiser" Group, on Linkedin. You as an appraiser should be electing the Board Members and deciding what goes into USPAP. Not a select group of Bureaucrats and Special Interest Groups.  If you have issues with USPAP, HVCC, AMC’s, and Corruption in our Industry.  We need to hear from you.   This is the big One, PLEASE GET INVOLVED.

Don’t believe that The Appraisal Institute volintarily left the Appraisal Foundation, with that Fire Breathing Dragon, IRS up their tucas, they had no other option.

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September 24, 2010

Q3 2010 PricewaterhouseCoopers Survey Findings
With commercial real estate fundamentals still ailing from the recession and lacking clear signs of near-term improvement, investors remain focused on core assets and proven markets, according to the third quarter 2010 findings of PricewaterhouseCoopers' Korpacz Real Estate Investor Survey®.  The report highlights an improved lending environment with strong appetites from both debt and equity capital for quality real estate assets, with some surveyed investors noting a surprise at the speed at  which debt availability has rebounded over the past year. Read more...

Right Tools, Right Now - No-cost Archived Commercial Webinar
Learn to prosper by being able to RE/position your client's properties and fully participate as the real estate market begins to RE/start in 2010-2012. This archived webinar is available for free through Right Tools, Right Now. Don't miss your chance to take advantage of great offers from this valuable initiative. Read more...
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September 23, 2010

Michael Robinson, Craig Julian, SRA,, AI, MAI, Confessions

Michael Robinson, Craig Julian, SRA,, AI, MAI, Confessions

Michael Robinson: "We are all to blame for the lack of enforcement, the pervasive lack of ethics, and the willingness to accept assignment conditions and shoddy treatment by clients at all costs."

Craig Julian, SRA, MRICS: • "I agree we are all to blame..."

Michael & Craig, Speak for yourself. I'll do my best to warn the Public!

Michael Robinson, Craig Julian, SRA,, AI, MAI, Confessions

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September 22, 2010

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September 21, 2010

A changing landscape for

Real Estate Services
A changing landscape for
leases and investment property

Accounting by lessors
For a number of years, the Financial Accounting Standards Board (FASB) and International Accounting Standards Board (IASB) have actively worked to revise the lease accounting model to address off-balance-sheet treatment of operating leases.
Many believed that lease accounting was too reliant on bright lines and offered entities the opportunity to structure arrangements to produce a desired accounting effect, which often resulting in economically similar transactions being accounted for differently. Although much criticism of lease accounting was directed toward the lessee's accounting, and the FASB's March 2009 Discussion Paper focused primarily on lessee accounting, the newly released lease exposure draft proposes to also fundamentally change the accounting for leases by lessors.
Essentially, the new lease guidance will likely require all leases to be presented on the balance sheet of both lessees and lessors, with only a few scope exceptions available. Although this sounds simple, the impact of such a concept to a real estate company is far reaching.
A changing landscape for leases and investment property – Accounting by lessors examines these changes and suggests six key points for real estate CFOs to consider.
Also, join us for an upcoming Dbriefs webcast on November 4 to learn how these new accounting rules might impact your business. Register now for A New Wave Of Accounting Changes for Real Estate Companies.

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CLTA Approves Modified Inter-Underwriter Indemnification Agreement
The CLTA Board of Governors has approved the ALTA Model Inter-Underwriter Indemnification Agreement with modifications for use in California. The original model agreement was developed ...
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Mark Your Calendar: CLTA's 104th Annual Convention
Don't miss CLTA’s 104th Annual Convention, May 22-24, 2011 at the Silverado Resort in Napa, CA. Registration information, including sponsorship opportunities, will be available shortly. ...
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California Commission Bill Dies
Legislation expanding the California Coastal Commission’s enforcement authority has died in the state Senate. Assembly Bill 226 (Ruskin) would have allowed ...
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Property Tax Postponement Bill Faces Uncertain Future
A bill modifying the senior citizen property tax postponement program awaits action by the Governor after reaching his desk on a party-line vote. The CLTA opposes Assembly Bill 1718 (Blumenfield) due to ...
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Foreclosure Legislation Dies
Legislation proposing significant changes to the foreclosure process failed to meet a crucial deadline in the Legislature. The failure occurred after ...
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California Real Estate Commissioner Issues Warning on Short Sale Fraud
With the rise of short sale fraud in California, the Department of Real Estate is reaching out to lenders in an effort to discuss and identify short sale fraud issues. Over the last several months, DRE has ...
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Loss Deductible Regulations
The California Department of Insurance (CDI) submitted its proposed regulations on UTC loss deductibles to the Office of Administrative Law (OAL). The proposed regulations limit the ...
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PRIA Forms GIS Workgroup
The Property Records Industry Association (PRIA) approved the formation of a Geographic Information System (GIS) Workgroup. The work products of the ...
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Quiet Title
Vanderkous v. Conley (A125352)
1) In a quiet title action the court has equitable powers to award compensation as necessary to do complete justice, even though ...
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Purdum v. Holmes (B216493)
A notary was sued for notarizing a forged deed. He admitted that he knew the grantor had not signed the deed, but the lawsuit was ...
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Deeds of Trust
Perlas v. GMAC Mortgage (A125212)
Borrowers filed an action against a lender to set aside a deed of trust, setting forth numerous causes of action. Borrowers' loan application (apparently prepared by a loan broker) falsely inflated ...
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Title Insurance

Soifer v. Chicago Title Company (B217956)
A person cannot recover for errors in a title company’s informal communications regarding the condition of title to property in the absence of a ...
Learn More...

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Solving Acoustical Problems in Multifamily Construction

Solving Acoustical Problems in Multifamily Construction
As population growth, sustainable design, urban planning imperatives and work-at-home trends combine to produce higher residential densities and occupancy hours in cities, residents' concern for privacy increases.
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Miami Court Aims to Clear Out 52,000 Foreclosure Cases by June

Miami Court Aims to Clear Out 52,000 Foreclosure Cases by June
Daily Business Review

Florida's circuit courts received $6 million and a one-year deadline to clear much of the backlog of foreclosure cases brought on by the housing crash, and Miami-Dade Circuit Court is using the funds to implement a three-tiered approach. Its $862,053 allocation came July 1 with instructions to close out 52,000 cases by June 30, 2011, more than have ever been resolved in a year's time. Meanwhile, talk of quotas and case closure goals is enough to worry foreclosure defense attorneys.

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September 20, 2010

H&MM's Distressed Hotel Summit announces program

H&MM's Distressed Hotel Summit announces programSeptember 20, 2010

New York, NY—Hotel & Motel Management magazine, part of the HotelWorld Network, is pleased to announce that the full educational program for the second annual Distressed Hotel Summit is now available online. The Summit will be held November 1-2, 2010 in Washington, DC at the Almas Conference Center and is expected to have 300+ hospitality industry professional attendees including owners and buyers of distressed hotels, lenders, management companies, lawyers and special servicers. It will take a straight-forward approach to distressed assets with a focus on the four ‘R’s of distressed asset management: Recapitalization, Repositioning, Receivership and Recovery.

 “The educational program for this year’s Summit was created based on relevant industry trend analysis and input from the Distressed Hotel Summit Advisory Board and editorial staff at Hotel & Motel Management magazine,” says Stacy Silver, Executive Director, Hotel & Motel Management. “All of those forces combined helped us put our finger on the pulse of the industry and pinpoint the most important topics for the attendees of the Distressed Hotel Summit. You’ll see that we’ve also added additional break out sessions this year and provided more networking opportunities for attendees, speakers and sponsors alike.”

The 2010 Distressed Hotel Summit Educational Program At A Glance
November 1
2:00 p.m.-3:00 p.m.             Market Overview
3:00 p.m.-4:00 p.m.             View from the Top
4:00 p.m.-4:45 pm             How to De-Stress a Hotel
4:00 p.m.-4:45 pm             Strategies from Asset Managers- Buying, Preserving and Selling Assets
5:00 p.m                          Networking Reception

November 2
9:15 a.m.-10:45 a.m.            Special Servicer Panel
10:45 a.m.-11:15 a.m.            Networking break
11:15 a.m.-12:15 p.m.            Banker Panel
11:15 a.m.-12:15 p.m.           
How to Keep the Cost Savings in Place on the Upswing?
12:30 p.m.-1:30 p.m.             Luncheon with Keynote Speaker: Judith A. Canales, Administrator for Rural      Business and Cooperative Program, USDA
1:45 p.m.-2:45 p.m.             Keeping Brand, Banker and Guest Happy
1:45 p.m.-2:45 p.m.            Distressed Asset Valuation
2:45 p.m.-3:45 p.m.            Networking break
3:45 p.m.-5:00 p.m.            Power Hour: Today’s Executive Discuss Working in the New Economy

Confirmed speakers for the event include: Mark Woodworth, President, Colliers PKF Hospitality Research; Pat Ford, President, Lodging Econometrics; Fred Malek, Thayer Lodging Group; Michael Medzigian, Watermark Capital Partners; Tom Baker, Humboldt Hospitality; Andrew Robbins, Proskauer Rose LLP; Neil Shah, Hersha Hospitality Trust; Mike Marshall, Marshall Management; Jeff Dallas, Wyndham Hotels & Resorts; Richard Pastorino, REVPAR International, INC.; Ken Wilson, Capital Hotel Management; Randy Hulce, Hotels Trigild; Craig Mason, Host Hotels; Alan Tantleff, FTI Consulting; Viktoria Sveinsdottir, Capital Source Bank; Kevin Semon, Midland Loan Services, Inc.; David Smith, CW Capital; Dan Marthinsen, Wells Fargo; Gianluca Montalti, ING Clarion, Scott Berman, PricewaterhouseCoopers; Kay Anderson, Live Oak Bank; Ken Pearson, CBRE; Jerome Cataldo, Hostmark Management Group; Alan Tallis, Ashford Hospitality Trust; Jonathan Nehmer, Jonathan Nehmer + Associates, INC., Judith A. Canales, Rural Business and Cooperative Programs, USDA; Nelson Migdal, Greenberg Traurig; Travis Ray, Capital Investments & Transactions IHG; Leslie Ng, Interstate Hotels & Resorts; Angela Landgraf, Richfield Hospitality; Dan Beider, Paramount Lodging Advisors; Keith Thompson, Hotel Assets Group LLC; Mark Gordon, US Hotel Group Cushman & Wakefield Sonnenblick; Noah Silverman, Marriott International, Inc.; Lou Plasencia, The Plasencia Group; Russell Urban, Senior Vice President, Acquisitions and Development of HEI Hotels & Resorts and Bernie Moyle, COO & CFO of Vantage Hospitality Group.

Visit us today to see the complete conference program.

For event sponsorship opportunities, please contact Stacy Silver at (954) 306-0747 or  ssilver@questex.com

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On September 1, 2010, the Board of Trustees of The Appraisal Foundation conducted a

hearing, the purpose of which was to provide the Appraisal Institute with an

opportunity to ask for reconsideration of a proposed seven month suspension as an

Appraisal Sponsor of the Foundation. A resolution for the suspension was adopted by

the Board of Trustees on July 12, 2010, with an effective date of September 15, 2010.

This action was based on a special meeting of the Board on June 15, 2010, at which time

information was presented to the Board regarding the conduct of the Institute.

The three resolutions the Board of Trustees adopted on July 12th were:


RESOLVED, that upon consideration of the information and materials presented

to the Board of Trustees with respect to the conduct of the Appraisal Institute

related to an amendment to Title XI, namely,

to maintain the independence of the Appraisal Standards and Appraiser

Qualifications Boards and to avoid potential conflicts of interest, the

Appraisal Foundation shall not directly or indirectly offer or sponsor

any qualifying or continuing education courses for certified or licensed

real estate appraisers beyond the National Uniform Standards of

Professional Appraisal Practice course specifically required for licensure

and certification

The Board of Trustees has concluded that the Appraisal Institute engaged in

conduct materially and seriously prejudicial to the purposes and interests of the


1155 15th Street, NW, Suite 1111

Washington, DC 20005

T 202.347.7722

F 202.347.7727


RESOLVED, that as a result of engaging in such conduct, the Appraisal Institute

shall be sanctioned as follows:

1) The Appraisal Institute shall be suspended as an Appraisal Sponsor

effective September 15, 2010 and ending on April 15, 2011;

2) Permission by The Appraisal Foundation to the Appraisal Institute to

reproduce the Uniform Standards of Professional Appraisal Practice

(USPAP) without charge and (b) its discount on the purchase price of

USPAP shall be revoked for a period commencing September 15, 2010 and

ending on July 1, 2012;


RESOLVED, The Chair of The Appraisal Foundation shall promptly appoint a

task force comprised of not less than three nor more than five members from the

Board of Trustees to liaison with the Appraisal Institute during the period of

suspension, or for such longer period as the Chair may determine, for the

purpose of rehabilitating the relationship of the Appraisal Institute with The

Appraisal Foundation as an Appraisal Sponsor.

After considering the September 1st presentation of the Appraisal Institute to the Board

of Trustees that it should reconsider its suspension, the Board passed the following


RESOLVED, that the suspension of the Appraisal Institute as an Appraisal

Sponsor remains effective September 15, 2010 but shall end on December 31,


Without question a principal purpose of the Foundation is appraisal education. A

sponsor’s decision to promote the passage of an amendment to a federal statute that

would directly and expressly limit the future educational activities of the Foundation,

without the Foundation’s prior knowledge or its approval, is a very serious matter. In

this case, the Appraisal Institute not only drafted the proposed amendment described

above, it actively but unsuccessfully sought the support of at least three other


1155 15th Street, NW, Suite 1111

Washington, DC 20005

T 202.347.7722

F 202.347.7727

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HUD homeless assistance grants

From: Disability.gov [mailto:disability.gov@service.govdelivery.com]
Sent: Monday, September 20, 2010 12:17 PM
To: harris_curtis@sbcglobal.net
Subject: Disability.gov Housing News & Events Update: U.S. Department of Housing & Urban Development (HUD) Announces $1.68 Billion to Support Local Homeless Assistance Projects



HUD homeless assistance grants are being made available to thousands of local projects that house and serve people across the country who are homeless. In this funding announcement, HUD has notified applicants that it will rapidly award renewal grants to prevent interruption in federal assistance to existing programs. Special interest areas in the new funding announcement include creating new permanent housing beds for Veterans with disabilities. Application deadline is November 18, 2010.


For more
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September 15, 2010

EPA Judge Levies Nation’s Largest Pesticide Fine on ‘99¢ Only

For Immediate Release: September 15, 2010
Media Contact:  Mary Simms, (415) 947-4270, simms.mary@epa.gov


EPA Judge Levies Nation’s Largest Pesticide Fine on ‘99¢ Only Stores’
Largest Contested Penalty Ever for Sale of Illegal International Pesticidal Products


 SAN FRANCISCO – A federal judge has ordered ‘99¢ Only Stores’ to pay $409,490 in penalties for the sale of illegal unregistered and misbranded pesticides contained in household products.
The case against ‘99¢ Only Stores’ concerned the sale of three cleaning and pest control products. Out of a total of 166 violations, 164 involved the sale of a household cleaner called “Bref Limpieza y Disinfección Total con Densicloro.” [Bref Complete Cleaning and Disinfection with Densicloro®], which was not registered with EPA, despite pesticidal claims on the label. The product was imported from Mexico and made statements in Spanish that it disinfects or sanitizes surfaces.
The other two products involved were “Farmer's Secret Berry & Produce Cleaner,” an unregistered pesticide, and “PiC BORIC ACID Roach Killer III,” which was misbranded because EPA-approved labels were upside-down or inside out, making them hard to read.
The fine is the largest contested penalty ever ordered by an EPA administrative law judge against a product retailer under the Federal Insecticide, Fungicide, and Rodenticide Act.
“All pesticide distributors—discounters and high-end retailers alike—must comply with the law. This company’s disregard for state and federal law in its business practices has led to a penalty that reflects the seriousness of the violations,” said Jared Blumenfeld, EPA’s Regional Administrator for the Pacific Southwest.
FIFRA is a federal law that regulates the sale, distribution, and use of pesticides. Before selling a pesticide in the United States, companies must register it with the EPA. Each producer, seller and distributor must also ensure that the registered pesticide is labeled according to agency requirements.
“Consumers who bring cleaning products into their homes expect them to be safe and effective, with clear labeling that gives them the facts,” said Kathy Taylor, Associate Director of the Communities and Ecosystems Division in the EPA’s regional office.  "This penalty should send a deterrent message to retailers that they must comply with the law regulating pesticides.”
99¢ Only Stores illegally sold at least 658 bottles of the “Bref” product at stores in California, Arizona and Nevada. The violations were discovered during multiple inspections by the California Department of Pesticide Regulation and the Nevada Department of Agriculture from 2004 to 2008.
In the decision assessing the penalty, the Judge concluded, “It is the opinion of this Tribunal that such penalty appropriately reflects the gravity of the violations, including the harm to the FIFRA regulatory program caused thereby, and will serve as a deterrent to [99¢] and other companies committing similar violations in the future.”
The 99¢ Only Stores retail chain is headquartered in City of Commerce, Calif. and includes 273 stores: 204 in California, 32 in Texas, 25 in Arizona, and 12 in Nevada.
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September 14, 2010

Federalist Society On The Washington Supreme Court's Approach To Property Rights

Federalist Society On The Washington Supreme Court's Approach To Property Rights
Posted: 14 Sep 2010 01:02 AM PDT
The Federalist Society has published an assessment of the Washington Supreme Court's approach to state constitutional law, and to us the most interesting part is the first section on property rights in the Evergreen State.
Michael Bindas, David K. DeWolf & Michael J. Reitz,
The Washington Supreme Court and the State Constitution: A 2010 Assessment (July 2010 ).
For the latest from the Washington Supreme Court on property rights, see Proctor v. Huntington, No. 82326-0 (Aug. 19, 2010), in which a 5-4 majority of the court solved an encroachment problem by ordering the encroached-upon landowner to sell his land to his encroaching neighbor. We asked "Why Isn't This A 'Judicial Taking?'"
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September 10, 2010

7th Annual Brigham-Kanner Property Rights Conference September 30 & October 1, 2010

7th Annual Brigham-Kanner Property Rights Conference September 30 & October 1, 2010

The annual Brigham-Kanner Property Rights Conference presented by the William & Mary Property Rights Project and the Institute of The Bill of Rights Law will be held September 30 - October 1, 2010 at the William & Mary Law School in historic Williamsburg, VA. The Brigham-Kanner Property Rights Conference and Brigham-Kanner Property Rights Prize are named in recognition of OCA Members Toby Prince Brigham and Gideon Kanner for their lifetime contributions to private property rights, their efforts to advance the constitutional protection of property, and their accomplishments in preserving the important role that private property plays in protecting individual and civil rights. Mr. Brigham is an attorney who has specialized in eminent domain and property rights law for more than 40 years and is founding partner of Brigham Moore LLP in Florida. Professor Kanner is Professor of Law Emeritus at the Loyola Law School Los Angeles and has been a practicing appellate lawyer in eminent domain and inverse condemnation for forty years. Professor Kanner is currently Of Counsel at Mannatt, Phelps & Phillips, LLP in California.

Now in its seventh year, the conference is designed to bring together members of the bench, bar and academia to explore recent developments in takings law and other areas of the law affecting property rights. During the conference, the Project presents the Brigham-Kanner Prize to an outstanding figure in the field. Previous recipients of the Brigham-Kanner Prize include Professor Frank I. Michelman of Harvard Law School (2004), Professor Richard A. Epstein of the University of Chicago Law School (2005), Professor James W. Ely, Jr. of Vanderbilt Law School (2006), Professor Margaret Jane Radin of the University of Michigan Law School (2007), Professor Robert C. Ellickson of Yale Law School (2008) and Professor Richard E. Pipes of Harvard University (2009). (See our previous posts here and here.)
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September 09, 2010

President Obama Announces Amended Regulations and New Proposals on the Anniversary of the Americans with Disabilities Act

Regulatory News

President Obama Announces Amended Regulations and New Proposals on the Anniversary of the Americans with Disabilities Act

by Janis Reyes, Assistant Chief Counsel

The final rule adopts the 2010 ADA Standards for Accessible Design, a comprehensive set of new accessibility requirements that apply to public accommodations (that is, every business that opens its doors to the public).

To commemorate the 20th anniversary of the Americans with Disabilities Act (ADA) in July, President Barack Obama announced several important actions. Foremost among these is a final rule amending the existing regulations implementing the ADA’s Title III, which sets standards for making buildings accessible for people with disabilities. The new proposals also address the ADA accessibility of websites, movie theaters, and equipment and furniture.

The final rule adopts the 2010 ADA Standards for Accessible Design, a comprehensive set of new accessibility requirements that apply to public accommodations (that is, every business that opens its doors to the public). The rule had not been published when this newsletter went to press; it will become effective six months after publication in the Federal Register. Eighteen months after publication, compliance with the 2010 standards will be required for new construction and alterations. Information on it and the other proposals is available at www.ada.gov.

The 2010 standards also adopt new design requirements for recreational facilities, including

swimming pools, playgrounds, golf courses, amusement rides, and boating facilities. The Department of Justice has added provisions regarding the sale of tickets for accessible seating and for making accessible reservations at places of


Title III requires existing facilities to remove barriers that conflict with these standards when such modifications are "readily achievable." "Readily achievable" means "easily accomplishable and able to be carried out without much difficulty or expense." The Justice Department is adopting a "safe harbor" allowing businesses that comply with the 1991 ADA standards to postpone compliance with the 2010 standards until the building or building elements are altered. Advocacy held a Small Business

Roundtable on this rulemaking and submitted a public comment letter supporting this regulation and the safe harbor for existing buildings.

The Justice Department has also issued several advance notices of proposed rulemaking. The broadest of these would require making websites accessible for people with disabilities and could apply to public accommodations with a physical location and a related website, as well as online-only businesses. The agency is also considering ADA accessibility requirements for movie theaters and equipment and furniture utilized in public accommodations. Comments are due on January 24, 2011.

For further information, including a small business compliance guide, visit

www.ada.gov or contact Janis Reyes at


sba.gov or (202) 205-6533.

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In the Loop

In the Loop

Blog of the Week

CRE Short Sales: The Exception Has Become The Rule
By Miguel de Arcos, Sperry Van Ness Florida

In the not too distant past, a commercial real estate short sale was unheard of. It was an exception to a long standing trend that almost all commercial real estate was sold for more than it was purchased for or at least for more than the current note on the property. A short sale is very simple concept to understand, yet prior to 2007, not many had ever heard of one. A short sale is... Continue »

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September 08, 2010

HUD Distributes $1B in Foreclosure Aid

The Department of Housing and Urban Development Wednesday awarded an additional $1 billion of funding to states and counties, earmarking the money for fighting the damage caused in certain neighborhoods by home foreclosures.



Fiserv Changes Name on Servicing Platform

Fiserv this week rebranded its multiple product loan servicing platform, calling it LoanServ.

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South Florida Foreclosures Near $65 Billion

Borrowers have defaulted to the tune of nearly $65 billion in financing in the tri-county South Florida region since the real estate crash began in 2007, according to a new report from CondoVultures.com.

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Investment Fund Buys FDIC NPLs

A unit of Mariner Holdings LLC, Leawood, Kan., has purchased part of a $760 million portfolio of property loans from the Federal Deposit Insurance Corp.

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FHA Refi Program for Underwater Loans Unveiled

The Federal Housing Administration Tuesday morning officially launched a new refinancing program to aid underwater borrowers, allowing lenders to write a new government-backed mortgage where up to 10% of the original loan amount will be forgiven.


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Issue Number: REG-146893-02, REG-115037-00

Issue Number:    REG-146893-02, REG-115037-00

Inside This Issue

REG-146893-02, REG-115037-00 withdraws proposed regulations published in the Federal Register on September 10, 2003 (68 FR 53448), related to the treatment of controlled services transactions under section 482 and the allocation of income from intangibles, in particular with respect to contributions by a controlled party to the value of an intangible that is owned by another controlled party. The IRS and Treasury Department are withdrawing those proposed regulations because they have been superseded.

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Hotel World Network Daily Newsletter (Wednesday, September 08, 2010)

Hotel World Network Daily Newsletter (Wednesday, September 08, 2010)

Number of hotel transactions doubles in first half of 2010 (http://www.questexenews.com/t.do?id=5841714:16134665)
Hotel transactions activity in the U.S. rose from 29 sales in the first half of 2009 to 73 in the first half of 2010, according to the HVS 2010 Mid-Year Survey of Major and Mid-Market U.S. Hotel Transactions.
Read full story >> (http://www.questexenews.com/t.do?id=5841715:16134665)

Chartwell Hospitality has $200 million to acquire assets, debt (http://www.questexenews.com/t.do?id=5841716:16134665)
Chartwell's general partners are co-investing $50 million and plan to moderately leverage the equity, from 50 to 60 percent, into $400-$500 million of investment capital.
Read full story >> (http://www.questexenews.com/t.do?id=5841717:16134665)

Trump New York completes $30-million renovation (http://www.questexenews.com/t.do?id=5841718:16134665)
The 176-guestroom redesign of the Trump International Hotel & Tower New York was directed by Ivanka and Donald J. Trump.
Read full story >> (http://www.questexenews.com/t.do?id=5841719:16134665)

L.A.'s Rosslyn Hotel sells for $12.1 million (http://www.questexenews.com/t.do?id=5841720:16134665)
Charles Dunn Co. negotiated the sale of the historic Rosslyn Hotel to SRO Housing Trust.
Read full story >> (http://www.questexenews.com/t.do?id=5841721:16134665)

Concord signs 3 new management contracts (http://www.questexenews.com/t.do?id=5841722:16134665)
The company will third-party manage the Courtyard by Marriott Lynchburg in Va., the Courtyard by Marriott Princeton in N.J. and the Courtyard by Marriott Charlotte in N.C.
Read full story >> (http://www.questexenews.com/t.do?id=5841723:16134665)

AH&LA: Technology, wellness and sustainability important (http://www.questexenews.com/t.do?id=5841724:16134665)
The new American Hotel & Lodging Association 2010 Lodging Survey polled 9,000 U.S. hotel properties regarding in-room amenities, security and technology features, food and beverage options, guest services, sustainability, property offerings and more.
Read full story >> (http://www.questexenews.com/t.do?id=5841725:16134665)

Exploring casino customer attitudes and behaviors (http://www.questexenews.com/t.do?id=5841726:16134665)
ARTICLE  | by: Jonathan Barsky (http://www.questexenews.com/t.do?id=5841727:16134665 Barsky)
A study of behavior and attitudes towards casino loyalty programs shows which demographics to target.
Read full story >> (http://www.questexenews.com/t.do?id=5841728:16134665)

John Stauss talks Four Seasons, London and luxury  (http://www.questexenews.com/t.do?id=5841729:16134665)
ARTICLE  | by: Jena Tesse Fox (http://www.questexenews.com/t.do?id=5841730:16134665 Tesse Fox)
John Stauss, GM of the Four Seasons Park Lane and regional VP, talks about the hotel's latest renovation.
Read full story >> (http://www.questexenews.com/t.do?id=5841731:16134665)

U.S. Realty Consultants' Hotel Investor Survey available (http://www.questexenews.com/t.do?id=5841732:16134665)
According to the Mid-Year 2010 U.S. Realty Consultants Hotel Investor Survey, overall investment parameters for both limited-service and full-service hotels have become more aggressive, further evidence that the industry has, at least for now, entered into a hotel recovery phase.
Read full story >> (http://www.questexenews.com/t.do?id=5841733:16134665)

Distressed Hotel Summit, presented by H&MM
Update: The program is live on the website! Visit http://www.questexenews.com/t.do?id=5841734:16134665 for more information and to register today. Are you a management company, lender, owner or buyer of a distressed hotel? Sign up to attend the second annual Distressed Hotel Summit this November.

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Our Web site has a new look! Please take a moment to visit. 


We hope you find the new site easier to read and navigate. The new clean and simple design more effectively communicates the BOC Program's mission of energy efficiency through operator training.


•   Learn about the benefits of BOC certification and how to get certified 


•   Find resources for graduates: continuing education and maintaining certification 


•   Read graduate success stories and facility case studies. 

 Expanded features include:
•   Quick links to all BOC administrators across the country. 


•   An online opportunity for BOC graduates to submit their energy efficiency stories.


•   Success stories from BOC graduates that have made real changes at their facilities.


•   More resources and links for tools and continuing education.


•   Integrated course information for CaliforniaWashington and Northeast training regions.

Building Operator Certification (BOC®) is a nationally recognized, competency-based training and certification program that offers facilities personnel the improved job skills and knowledge to transform workplaces to be more comfortable, energy-efficient and environmentally friendly. 

The BOC credential is recognized by employers across the country as a sign of the value and contributions certified facilities management personnel can bring to their organizations.


Cvent - Web-based Software Solutions
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Dear Curtis-
Rally 2010 in Hartford, CT, October 2-5 is the Land Trust Alliance's national meeting -- and it provides key opportunities to advance your land trust's advocacy skills, learn how to tap new federal funding for land conservation, and network with your peers about important policy opportunities and problems.  We realize budgets are tight, but if you could use some help from a government partner, now is the time to learn how to get it.  The deadline for Rally registration and discounted hotel reservations is next Friday, September 17.

Rally features hundreds of different events, including more than three dozen workshops and seminars on public policy.  In this email, we're eager to highlight a few sessions where your participation, questions and feedback are particularly important to our policy success in the year ahead.  Click here for a full listing of policy-related sessions at Rally.

A Key Session: Lobbying -- Lessons from the Trenches
Workshop A18 -- Monday, Oct 4, 10:00am - Noon -- CTCC Room 11
Have you been tempted by our Advocacy seminar in previous years, but unwilling to invest a full day and $140?  This year we're instead offering a free workshop where panelists from different sized land trusts active in local, state and federal advocacy will discuss their experiences developing and implementing successful policy advocacy programs and campaigns.  Learn how to maximize relationships with elected officials, their staff and coalition partners so that government can help you achieve your conservation mission. Read more>>
Panelists include:  Will Abbott of Society for the Protection of New Hampshire Forests, Mike Beam of Ranchland Trust of Kansas, Andy Chmar of Hudson Highlands Land Trust (NY), Andy Bicking of Scenic Hudson, Inc. (NY) and Greg Yankee of Colorado Coalition of Land Trusts.

One Workshop to Review The Alliance's Policy Work -- and Guide Its Future!

Workshop B21 -- Monday, Oct 4, 1:30-3:30pm -- CTCC Room 11
This year we're combining our 2010 Federal Policy Update and 2011 Public Policy Review into a single workshop.  Russ Shay will kick off this session with the latest news on progress towards our five public policy goals for 2010.  The latter part of this session is an open meeting of the Alliance's Policy Advisory Council, allowing Land Trust Alliance members an opportunity to discuss and provide input on the Alliance's public policy program, and what it should focus on in 2011.
Come prepared to share your ideas and make a case to the Alliance and your fellow land trusts for the policies you consider a priority.  Watch your inbox next week for a memo discussing the issues we see on the horizon and ways to respond online.
More Featured Sessions
Beyond the 9 workshops of the Public Policy track, there are at least 46 sessions at Rally related to Public Policy.   The following are just a few highlights of sessions we hope you'll find worthwhile:

Thanks for attending Rally!


Russ Shay                                   Lynne Sherrod                             Sean Robertson
Director of Public Policy            Western Policy Manager            Public Policy Specialist 
Land Trust Alliance                    Land Trust Alliance                      Land Trust Alliance
rshay@lta.org                             lsherrod@lta.org                          srobertson@lta.org
202-638-4725 x305                   970-245-0439                              202-638-4725 x319
Sign up to be a Land Trust Advocate (or unsubscribe) at: www.lta.org/advocates  
Land Trust Alliance ~ 1660 L St. NW, Suite 1100 ~ Washington DC, 20036 ~ 202-638-4725

Don't Miss Rally 2010 | October 2-5 | Hartford, CT
Check out our Rally Blog…post a comment…ask a question…and Register >>


Our Mission: To save the places people love by strengthening land conservation across America.

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September 07, 2010

Phase 2 of the Climate Action Plan

Abbott & Kindermann Land Use Law Blog] Sacramento County Climate Action Plan - Part Two
"blog@aklandlaw.com" <blog@aklandlaw.com>
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By Emilio Camacho & Leslie Walker

The County of Sacramento kicked off Phase 2 of the Climate Action Plan development at a workshop on Wednesday, August 25, 2010. Phase 2 will develop strategies to implement the Climate Action Plan (CAP), a comprehensive plan for becoming more resource efficient and reducing greenhouse gas (GHG) emissions, originally released in May 2009.

View the entire entry:
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September 05, 2010

The Best Ways to Challenge a Property Tax Assessment

The Best Ways to Challenge a Property Tax Assessment

Did you know that nationally about 1/3 of the people who challenge their property taxes actually win?  It’s very possible for you to do the exact same thing.  If you have found that your home has been assessed at a value far above its current  market value then you need to seriously consider challenging the assessment.  This has a lot of positive effects none more significant than you saving money immediately on your taxes.  Since you are reading this article I’ll assume that you are either in the real estate or related industry OR you are contemplating challenging your property tax assessment and are looking for ideas to support your case.  You will find a lot of similar articles on the Internet so we will work hard to dig a little deeper and get you off to at least a good start on a winning strategy.

Tip 1 – First take a step back and analyze how far off of the real market value you think the assessment might be.  If you feel like it is 10% or more higher than what the true value of your home is then it is probably worth pursuing a challenge.  If you think it is off by less than that given your chances of winning (1/3) along with the total tax savings will most likely not be worth your time and may actually end up costing you in the end.

Tip 2 – When determining the actual market value of your property you need to find comparable homes that were sold in your surrounding community.  There are several ways you can do that including taking advantage of some online services.  One that is super easy and a quick reality check is from Realtor.com and is located here: REMOVED  You can also contact a local realtor and get exact comps from them which is actually the ideal answer plus it’s possible that they have been in the comp homes making it easier for them to help you compare them to your house.

Tip 3 – Take a good look at the tax assessment for any errors about your home.  You would be surprised what they might have wrong.  Maybe they listed your home as having a pool and it doesn’t, or the wrong size, number of bedrooms, etc.  This is extremely common and is also an easier way to get your assessment reduced (because it’s painfully clear it should be).  This should be seen as something you HAVE to do rather than just a tip.

Tip 4 – Find out who the tax assessor is and who can help you get the assessment changed.  Be courteous and setup an appointment to visit with them in person.  Don’t suck up to them too much as they have heard every complement a thousand times.  You just want to be courteous and respectful and if you are lucky they will help you understand the best way to combat the assessment.  So when in doubt, ask.

Tip 5 – Either in person, over the phone, via email, or any other way of communication with the assessor make sure you sell the needed improvement and/or problems you are having with your home.  Yeah we have a pool but the pump is broken, the drain doesn’t work, the concrete is all cracked, etc.  Be descriptive and let them know that the house isn’t worth the current valuation they have in mind.

Tip 6 – Talk to your neighbors to see if they have any issues with their assessments and if any of them have been successful at getting their property taxes reduced.  It’s very likely that they will either be in a similar situation or will have already won an appeal or lost one.  Either way you can get some invaluable advice.  In the worst case you will either get them thinking or at least get some sympathy/empathy going.  It’s true that with property taxes misery loves company.

Tip 7 – Hire a real estate professional or attorney that focuses on fighting property taxes.  This only makes sense if you think the assessment is way off (greater than 10%) otherwise it ‘s very possible that the costs of fighting the assessment is more than the savings.  With that said, another reason to consider is that even if it costs you more this year to fight an assessment you could reap benefits for years to come making it potentially still viable.

Finally, one of the most important tips that we can give you is really more of an encouragement.  If over 1/3 of the people are successful at getting their property taxes reduced nation-wide, you really do have an excellent chance of making it happen if you get informed and stick to your guns/take a stand.

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September 02, 2010

Call For Eminent Domain Photos For Upcoming ABA Book

Call For Eminent Domain Photos For Upcoming ABA Book

Posted: 01 Sep 2010 04:51 PM PDT

Here's your chance to be a well-known "eminent domain photographer."
The ABA Section of State and Local Government Law will soon be publishing a Handbook on Eminent Domain, and is need of photographs to illustrate it. We're looking for high resolution, not copyrighted pictures for the various chapters to illustrate “public purpose,” “inverse condemnation,” “pre-trial,” “trial,” “flooding and erosion,” “valuation,” and “damages.”
We've thought of appropriate illustrations for some on that list – e.g., a ball stadium for “public purpose, ” a limited-access highway under construction for “damages,” but the creative readers of this blog may have others. Illustrations from projects that you might have been involved in are one possible source (maps, plans, aerials, so it doesn't necessarily have to be a photograph); high reso and not copyrighted are the primary criteria.

If you have material you'd be willing to share, send it to the book's editor, Bill Schiederich at bscheiderich [at] ci.beaverton.or.us.

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