Making Sure The Ground Tenant Builds

Once the building on a ground-leased property is completed, the ground landlord has a very secure rent stream. While the rent under the ground lease is based on the value of the unimproved land, if the ground tenant defaults and the tenant’s lender does not step up and cure the default, the landlord’s remedy is to terminate the lease and to retain ownership of the land and the building free and clear of the […]

By | April 8th, 2021 ||

“Build Back Better Plan” Expected To Be Released

President Biden’s promised infrastructure legislation, sometimes known by the slogan the “Build Back Better Plan” is still under wraps, but some information is beginning to leak out. According to the New York Times, in an article from March 22, 2021 (updated on March 25, 2021), the total package could be as high as $3 trillion, but would be structured in parts.

One part would address traditional infrastructure projects, such as roads, bridges, rail lines, ports, […]

By | April 6th, 2021 ||

FERC Seeks Further Comment Regarding Pipelines Initiating Construction While Rehearing Is Pending

The FERC today issued Order No. 871-A, seeking further comment on modifications last summer to its regulations under Natural Gas Act Sections 3 and 7 that prohibited initiating pipeline construction, pending timely filing of any rehearing request, or a rehearing order on the merits. The Commission has requested initial briefs promptly, by February 16, and reply briefs by March 3. Perhaps not coincidentally, Order No. 871 is currently pending judicial review.

Order No. 871-A inquires whether the […]

By | April 2nd, 2021 ||