This post was authored by Otten Johnson summer law clerk Alex Gano.  Alex is a third-year law student at the University of Colorado Law School.

On July 12, Denver Mayor Michael Hancock and Councilwoman Robin Kniech announced the final details of their plan to create the City’s first “dedicated funding stream” for affordable housing.  The Office of Economic Development estimates that two sources of revenue will generate a minimum of $150 million over the next ten years, which the City will invest in at least 6,000 new and existing affordable housing units. 
Continue Reading Denver’s Proposed “Permanent Affordable Housing Fund”: What to Expect

In a recent decision, the Colorado Court of Appeals upheld a Nebraska choice of law provision found in a promissory note.   The dispute centered around which state’s statute of limitations should apply to a collection action on the promissory note.  Colorado’s statute of limitations for actions to collect on a promissory note is six years; Nebraska’s is only five years.  Because the plaintiff filed the lawsuit approximately five and a half years after the borrower had defaulted, the resolution of the choice of law issue would decide the case.
Continue Reading Enforceability of Choice of Law Provisions
Miami by Ines Hegedus-Garcia

The New York Times and other news outlets recently reported that the U.S. Treasury Department will require title companies to report the identity of the “true beneficial owner” of any entity that purchases luxury, residential real estate in an all-cash transaction in Miami or New York City.
Continue Reading New Disclosure Requirements for Certain Real Estate Investors

In the recent decision Marin Metropolitan District v. Landmark Towers Association, the Colorado Court of Appeals held that an order creating a metropolitan district, once entered, cannot be challenged even if the organizers of the metropolitan district made misrepresentations to the municipal authorities and/or committed a fraud upon the court.  This case relates to

The Colorado Supreme Court recently decided the case of Asmussen v. United States, which affects the determination of legal title to the land underlying abandoned railroad easements sometimes referred to as railroad “right-of-way” (please note that the term “right-of-way” can encompass fee simple interests held by railroads in addition to mere easements – this