A new Omaha ordinance requires property owners and lienholders to register properties that are vacant, exhibit exterior evidence of vacancy, and have title or building code issues. The Omaha City Council passed the Vacant and Abandoned Property Ordinance (the “Ordinance”) on November 17, 2015. The Ordinance becomes effective on December […]
Dirt Alert
Changing the Game in Commercial Real Estate Contracts
Originally published in the November/December 2015 edition of The Nebraska Lawyer. I’m mad as hell and I’m not going to take it anymore. Hopefully, this article will be preaching to the choir. In a perfect world (in a real estate practice), I would assist clients with buying and selling real […]
Mandatory Reporting Requirements for Owners of Rent-Restricted Housing Projects Due October 1, 2015
On September 17, 2015, the Nebraska Rent Restricted Housing Projects Valuation Committee (the “Committee”) met and approved the Section 42 – Income and Expense Reporting Form (the “Form”) that owners of rent-restricted housing projects will use to report income and expenses associated with their projects. All owners of rent-restricted housing […]
EPA’s Clean Water Rule Defines “Waters of the United States,” Expanding the Scope of the Clean Water Act
The EPA started enforcing the Clean Water Rule: Definition of “Waters of the United States” (the “Rule”) in some states on August 28, 2015. The Clean Water Act (the “Act”) applies to “navigable waters,” which the Act defines as “the waters of the United States, including territorial seas.” The Rule […]
Nebraska Court of Appeals Holds a Landowner Could Divert The Flow of Ground Water, if Necessary and Reasonable Under All the Circumstances
Kobza v. Bowers, 23 Neb. App. 118 (2015). The Kobzas (“Kobza”) and Bowerses (“Bowers”) owned adjacent residential lots, and a drainage way passed through the properties. Kobza’s basement flooded, and he installed a dewatering well with an outflow pipe connected to another pipe running underneath the Bowers property, discharging water […]