North America: Real Estate and Construction

The federal Opportunity Zone program has been made permanent through the One Big Beautiful Bill Act, introducing significant changes to tax deferral rules, census tract designations, and investment incentives. Understanding how Opportunity Zones 2.0 differs from the original program is critical for business owners, investors, and real estate developers planning transactions in 2026 and beyond.

The Commercial Industrial Brokers Society of Long Island convened industry professionals for their annual State of the Market panel discussion, examining current trends across office, industrial, retail, and investment sales sectors. Moderated by Real Estate and Economic Development Partner Peter Curry, the discussion revealed emerging market dynamics and evolving property uses that are shaping Long Island's commercial real estate landscape.

California's new Missing Middle Townhome Ownership Act (AB 1751) establishes a streamlined ministerial approval process for townhome developments of up to 150 units, bypassing traditional CEQA review and public hearings. The legislation targets the "missing middle" housing market with specific requirements for unit size, density, affordability, and site criteria. Effective January 2027, this law could significantly accelerate townhome project entitlements throughout California, excluding San Francisco.

Until recently , a Notice of Security Interest (NOSI) could be registered on title to property in Ontario to give notice of a security interest in fixtures attached to land, such as HVAC equipment. The use of NOSIs expanded to include dubious long-term contracts for equipment ranging from water softeners to smart-home thermostats, creating obstacles for homeowners seeking to sell or refinance their properties.

Canada's new First-Time Home Buyers' GST Rebate offers substantial savings on qualifying new and substantially renovated homes, but navigating the strict purchase, construction, and closing deadlines is critical. Ontario real estate lawyer Jon Dippolito breaks down the key timelines and potential complications involving cancelled agreements and assignments that buyers need to understand.

Ontario's 2026 real estate market presents unique challenges for homeowners attempting to sell properties with minimal equity. Real estate lawyer Paria Rad explores the complexities of shortfall sales, examining the potential pitfalls of firm offers and emphasizing the critical importance of legal consultation before executing any Agreement of Purchase and Sale.

If you have signed, or are about to sign, an agreement to buy a newly built home in Ontario, the HST you recover could be anything from nothing to $130,000. The difference usually comes down to a signing date, a price threshold, or whose name is on the purchase agreement, and not to whether you are buying your first home.

In Hayastan Industries, Inc. v. Guz, the Massachusetts Appeals Court affirmed a finding that a landlord violated Massachusetts General Laws Chapter 93A by demanding more rent than the tenants owed and pursuing eviction based on that demand. The defendants, the Guzes, lived in a mobile-home park for more than two decades.

The Ontario Court of Appeal has ruled that a force majeure clause can be triggered without requiring fault or breach by the affected party. In a dispute between a fitness club operator and its landlord over COVID-19 closures, the court confirmed that government restrictions preventing in-person operations constituted a force majeure event, extending the lease term without additional rent obligations.

In Washington State, the government can utilize the power of “eminent domain” to take, even forcibly, private property owned by an individual. Indeed, the property owner cannot refuse to “sell” when the government properly exercises its eminent domain powers.

In Rockwell v Despart (87 Misc3d 233 [Sup Ct, Albany County 2025]), the trial court extinguished and declared unenforceable a restrictive covenant that the subject property remain “forever wild” in the loving memory of a decedent. The covenant was supposed to “run with the land,” and a subsequent purchaser was well-aware of the covenant and paid below market value because of it. Yet, the purchaser ultimately prevailed in extinguishing the covenant. The Albany County Supreme Court’s Decision, Order, and Judgment was appealed to the Appellate Division, Third Department, is fully briefed, and is awaiting oral argument.

The U.S. Department of Agriculture has proposed major changes to foreign investment disclosure rules for agricultural land, expanding definitions and tightening requirements that could significantly impact commercial real estate, energy companies, and institutional investors. What will USDA's next steps be, and how might administrative law principles shape the final rule and potential litigation? Arnold & Porter attorneys with AFIDA expertise and administrative law experience examine the proposed rule, publ